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PYQ Question

With reference to India, consider the following statements: 1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because

With reference to India, consider the following statements: 1. When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right. 2. State Governments have their own Prisoners Release on Parole Rules. Which of the statements given above is/are correct?
  1. A. 1 only
  2. B. 2 only
  3. C. Both 1 and 2
  4. D. Neither 1 nor 2

Answer: B

Explanation

Parole is a system of releasing a prisoner with suspension of the sentence. The release is conditional, usually subject to behaviour, and requires periodic reporting to the authorities for a set period of time. Parole is considered a reformative process. The provision (along with furlough) was introduced with a view to humanising the prison system. It is not a matter of right. Hence statement 1 is not correct. In India, parole (as well as furlough) are covered under The Prisons Act of 1894. Prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole. Since prisons is a State subject in the Constitution, the Prisons Act of each state government defines the rules under which parole is granted in that state. Hence statement 2 is correct.