Anupama
in Criminal Law
Asked January 01, 2014

Is Law of Parole too relaxed?

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Recently actor Sanjay Dutt was released on parole by the court. I would like to know are the provisions relating to parole too relaxed? What exactly are the standards for granting such release?

Answer 1

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Ashwini Panwar

The Prisons Act of 1894 being Act No. 9 of 1894 has defined the furlough  and the   under Sections 5(A) and 5(B) of the Prisons Act, 1894 which reads as follows : “5(A) ‘Furlough ‘ means the  of releasing prisoners in jail on furlough in accordance with the rules for the time being in force.” “5(B) ‘ ‘ means the  of releasing prisoners in Jail on , by suspension of their sentences in accordance with the rules for the time being in force.”

So, these two terms serve a similar purpose. However, these are the rights every prisoner has and there is no specific way to judge whether a prisoner should be granted parole or not. There is no doubt that Dutt received parole and furlough very swiftly while serving his punishment. Furlough is a prisoner’s right and gets the prisoner a 14 day annual leave which can be extended by another 14 days while parole isa privilege granted for 30 days which again can be extended by another 30 days. So, adding all these, if Dutt was out of jail for over 118 days every year, then there has been a clear violation of the law.

Now, coming to the standards for such release, parole involves undergoing a rigorous process of verification, the prisoner might never return. So, one possible reason could be the fact that Dutt would never runaway since the entire nation knows him. There has to be a surety who pays a certain amount to the jail authorities while promising the return of the prisoner by the designated time. Even family members cannot stand as sureties as the authorities demand reasonable credibility from an independent surety. So, the entire process of parole is easier for people like Sanjay Dutt. (To know more: Fadnavis govt. to probe repeated furloughs for Sanjay Dutt http://www.thehindu.com/news/national/other-states/maharashtra-govt-to-probe-repeated-furloughs-for-sanjay-dutt/article6728216.ece)

Agree Comment 0 Agrees about 2 months ago

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