Q23. 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?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Answer: (b)
- Statement 1 is incorrect: Parole is a system of releasing a prisoner with suspension of the sentence. It is a privilege/concession but not a right of any convicted prisoner. Parole is to be granted only on a sufficient cause such as cases of severe illness or death of any member of the prisoner’s family. The granting authority for parole is the deputy home secretary of the state government. Parole may be denied to a prisoner even when he makes out the sufficient cause for release on parole Furlough is seen as a matter of right for a prisoner, tobe granted periodically irrespective of any reason. It is granted merely to enable the prisoner to retain family and social ties, the ill effects of prolonged time spent in prison. Both Parole and Furlough can be denied if the competent authority is of the opinion that releasing the inmate would not be in the interest of society.
- Statement 2 is correct: States have separate prison/parole rules because “Prison and persons detained” is a state subject of the 7th schedule of the Constitution. The management and administration of prisons fall exclusively in the the domain of state governments and are governed by the Prisons Act, of 1894, and the Prison Manuals of the respective state governments
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