Home Study Materials What Is Probation, Temporary Release and Parole

What Is Probation, Temporary Release and Parole

What is Parole?

Parole is the temporary release of a criminal on the condition that when they’re out of jail, they’ll be on their best behavior. It gives them a chance to go out in the society and socialize, given they do not disturb the peace there. It could be temporarily or permanently, depending on the situation.

The main objectives to release the prisoners on leave as per rule 1(A) and 19 of The Prisons (Bombay Furlough and Parole) Rules, 1959, are as follows:

  1. To enable the prisoner to maintain continuity with his family life and deal with family matters.
  2. To save the prisoner from the evil effects of continuous prison life.
  3. To enable the prisoner to maintain and develop his self-confidence.
  4. To enable the prisoner to develop constructive hope and active interest in life.

Relevant cases:

Election Commission of India vs. Mukhtar Ansari says that parole cannot be substituted by bail.

Asfaq. vs. State of Rajasthan & Ors talks about the rejection of parole request.

Vasram Gagji vs. State of Gujarat and Ors stated that if the rejection of parole is denying prison justice then it shall not be maintained.

What is a Temporary Release?

Temporary Release is when the prisoner is released from jail for a certain period for a specific reason.

There are three forms of temporary release:

  1. On compassionate grounds: This release is granted for a small period of time, generally when there is some family crisis or emergency.
  2. Day-to-day: This kind of release is given to a prisoner when he is coming close to his permanent release. They can go to their jobs outside the prison and come back to the jail at night.
  3. Full temporary release: This release is given when the prisoner has been doing well on their day-to-day release and deserves to be let out a little early.

What is Probation?

Probation is when the prisoner is allowed to live in a society with some restrictions imposed on him by the court. It fulfills both the purpose of restitution and deterrence.

The earliest provision that dealt with probation was Section 562, Code of Criminal Procedure, 1898. However, it was amended later and now it is represented as section 360 of the criminal code of procedure. Moreover, Section 361 goes on to state the reason why the judge did not grant the probation to the prisoner. Section 4 of the Act provides for offenders to be released on probation on good conduct.

Benefits: Probation helps in rectifying the criminal’s behavior by letting them walk on the path of restitution, thus keeping them away from the world of criminals. It encourages the prisoner to undertake some kind of job, helping them make better life decisions. It helps them be more confident, self-sufficient and pushing them towards free life. The probation officer also helps them to make better life choices and stay away from any criminal activities.

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