Difference Between Parole And Furlough Explained – Free PDF Download

Reformative vs Retributive Criminal Justice system

• Reformative Criminal Justice system- aims at reforming the offenders behaviour and repairing the harm caused by the crime.
• Reformative system – Followed in India.
• Retributive Criminal Justice system- aims at punishing the offender.

PAROLE

• Refers to a prisoner’s temporary or permanent release before the end of a sentence.
• The release is granted if prisoner shows good behaviour,
• A specific reason for parole is necessary,
• Requires periodic reporting to the authorities for a set period of time.
• Parole is considered a reformative process.
• The objective is to assist them in reintegrating into society.
• In India, parole and furlough are covered under The Prisons Act of 1894 and The Prisoners Act 1900.
• Since prisons is a State subject under 7^th Schedule of the Constitution, Each State Government makes its own Prison Rules.
• Hardened prisoners convicted of multiple murders or under the anti-terror Unlawful Activities Prevention Act (UAPA) are not eligible for parole.

FURLOUGH

• A Release given in cases of long-term imprisonment.
• The period of furlough granted to a prisoner is treated as remission of his sentence.
• Furlough is seen as a matter of right for a prisoner.
• It is to be granted periodically irrespective of any reason, and merely to enable the prisoner to retain family and social ties, and to counter the ill-effects of prolonged time spent in prison.

HOW PAROLE DIFFERS FROM FURLOUGH

• The Supreme Court clarified the difference between parole and furlough in various judgements-

1. Parole and furlough are both forms of conditional release.
2. Parole can be awarded in the case of short-term detention, whereas furlough is allowed in the case of long-term detention.
3. Parole lasts for one month, whereas furlough is generally granted for a maximum of 14 days.

• The Divisional Commissioner grants parole, and the Deputy Inspector General Prison grants furlough.
• A specific Reason is required for parole, whereas a furlough granted to break the monotony of imprisonment.
• Parole can be given more frequently than,furlough is limited.
• Furlough can be denied in the interest of society because it is not granted for any specific reason.
• Parole, by contrast, is not seen as a matter of right, and is given to a prisoner for a specific reason, such as a death in the family or a wedding of a blood relative.
• Parole may be denied to a prisoner even when he makes out a sufficient case, if the competent authority is satisfied that releasing the convict would not be in the interest of society.
• Parole is often not granted to convicts sentenced to death, or to those who, in the opinion of jail authorities, are likely to flee when released from prison.

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