UPSC Prelims 2021 · Question 83 of 97

UPSC Prelims 2021 question on Parole Conditions

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. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2
Show answer

Answer: B. 2 only

Verdict

Correct statements: 2 only → Option (b).

Analysis

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.

Statement by statement

Statement 1 – INCORRECT: It is not a matter of right. Hence statement 1 is not correct.

Statement 2 – 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.

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