Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
"8...The grant of parole is essentially an executive function and
instances of release of detenus 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" 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 be a part of the imprisonment. Release on parole is a
wing of the reformative process and is expected to provide
opportunity to the prisoner to transform himself into a useful
citizen. Parole is thus a grant of partial liberty or lessening of
restrictions to a convict prisoner, but release on parole does not
change the status of the prisoner. Rules are framed providing
supervision by parole authorities of the convicts released on
parole and in case of failure to perform the promise, the convict
released on parole is directed to surrender to custody. (See Oxford
Companion to Law, edited by Walker, 1980 edn., p. 931;
Black's Law Dictionary, 5th edn., p. 1006; Jowitt's Dictionary of
English Law, 2nd edn., Vol. 2, p. 1320; Kenny's Outlines of
Criminal Law, 17th edn., pp. 574-76; English Sentencing System by
Sir Rupert Cross at pp. 31-34, 87 et. seq.; American Jurisprudence,
2nd edn. Vol. 59, pp. 53-61; Corpus Juris Secundum, Vol.
67; Probation and Parole, Legal and Social Dimensions by Louis
P. Carney.) It follows from these authorities that parole is the
release of a very long term prisoner from a penal or correctional
institution after he has served a part of his sentence under the
continuous custody of the State and under conditions that permit
his incarceration in the event of misbehaviour.