Hi N VOLE IP Ca MYT
The Prisons Act of 1894 being Act No.
9 of 1894 has defined the
furlough system and
the parole system under Sections
5(A) and 5(B) of the Prisons Act, 1894
which reads as follows : “5(A)
‘Furlough system‘ means
the system of releasing prisoners in
jail on furlough in accordance with
the rules for the time being in force.”
“S(B) ‘Parole system‘ means
the system of releasing prisoners in
Jail on parole, by suspension of their
sentences in accordance with the
rules for the time being in force.” 6.
Pursuant to the powers conferred by
Clauses 5 and 28 of Section 59 of the
Prisons Act, 1894 (9 of 1894) in its
application to the State@ & (OE ly tl §=—64% ML} 6:07 pm
“The parole and furlough rules are
part of the penal and
prison system with a view to
humanise the prison system. Those
rules enable the prisoner to obtain
his release and to return to the
outside world for a short prescribed
period. The objects of such a release
of prisoner can be read from para 101
of the report submitted by the All
India Jail Manual Committee as also
the objects mentioned in Model
Prison Manual. These objects are :
parole is essentially an executive
function and instances of release of
detenues on parole were literally
unknown until this Court and some
of the High Courts in India in recent
years made orders of release
on parole on humanitarian
considerations. Historically ‘parole‘@ & oe BHAT
considerations. Historically ‘parole‘
is a concept known to military law
and denotes release of a prisoner of
war on promise to return. Parole has
become an integral part of the
English and American systems of
criminal justice intertwined with the
evolution of changing attitudes of the
society towards crime and criminals.
As a consequence of the introduction
of parole into the penal system, all
fixed term sentences of
imprisonment of above 18 months
are subject to release on licence, that
is, parole after a third of the period of
sentence has been served. In those
countries, parole is taken as an act of
grace and not as a matter of right and
the convict prisoner may be released
on condition that he abides by the
promise. It is a provisional release
from confinement but is deemed to