With reference to India, consider the following statements:
- When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
- State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
Detailed Explanation:
Answer: Option 2 — 2 Only
This question tests the understanding of parole provisions in India. While prisoners can apply for parole, it is not an automatic right but a discretionary relief granted by authorities. State governments frame their own parole rules within the framework of central prison legislation.
❌ Statement 1 – Incorrect: Parole is not a matter of right but a discretionary privilege granted by prison authorities. Even if a prisoner makes a sufficient case, the authorities retain the discretion to deny parole based on various factors including security concerns, nature of crime, and conduct of the prisoner.
✅ Statement 2 – Correct: State governments have formulated their own Prisoners Release on Parole Rules within the broad framework of the Prisons Act, 1894 and the Prisoners Act, 1900, as prison and law and order are state subjects under the Seventh Schedule.
📝 Short Notes: Parole and Furlough in India
- Parole: Temporary release granted on specific grounds (family emergencies, medical issues, etc.) as a discretionary privilege, not a right.
- Furlough: Periodic release granted to long-term prisoners as a matter of right to maintain family ties and prevent institutionalization.
- Legal Framework: Governed by the Prisons Act, 1894 and Prisoners Act, 1900 at the central level; states frame detailed rules.
- Prison as State Subject: Under Entry 4, List II (State List) of the Seventh Schedule, allowing states to make their own parole rules.
- Judicial Position: Supreme Court has held that parole is discretionary and can be denied even if grounds are established (State of Haryana v. Mohinder Singh, 2000).
Question 4 of 4 New Criminal Laws — BNS, BNSS & BSA
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