Thursday, 28 January 2016

Good Behavior Results in Parole during Prison Time

Good Behavior Results in Parole during Prison Time

Sanjay Dutt is being granted parole for his good behavior. This is not because of him being an actor but it is a benefit that any inmate can get due to their good behavior.

What is parole? There are different rules, regulations, and definitions of it. Let us know more – 

Under the law, there is relaxation due to good behavior in prison time. Whenever someone has done a good work, they are provided with relaxation in time. Financial relaxation is also provided in this. In this way, 2 to 5 days of relaxation can be obtained each month.

In the case of Sanjay Dutt, he has obtained remission during prison time. In addition to good behavior relaxation, he also obtained financial remission. This means that whenever someone does financial or monitory work in prison, then they are provided with relaxation. For example – Vikas Yadav had worked for the management of small business during prison time. This provided relaxation to him. The proposal of relaxation during prison time is described in the prison manual. 

Points of good behavior -

Many states have their different prison manuals. Most of the points described in them are similar with some differences. Section 46 of chapter 11 of Delhi Prison manual has provided a list of crimes. When a criminal does not indulge in these crimes during prison time then this comes under good behavior. 

Not disrespecting the law 
Not hitting any one and not using any physical force 
Not harming oneself physically 
Not using any threatening language 
Not indulging in illegal behavior 
Not denying to do any physical work
Not trying to take off hand cuffs
Not sending any letters or message outside the prison without any permission
Not showing any laziness in doing any work 
Not harming the government records
Not keeping anything that is not allowed
No claims of being sick when actually healthy 
Not putting any wrong accusations with wrong intentions on authorities 
Not being a part of prison break by withholding information to authorities 
Helping in natural calamities 
Not indulging in hunger strike 
Not cooking in the cell 
Not indulging in any drug abuse 
Not playing poker 

These points also provide parole -

As per rule 297, the jailer can write to the superintendent for parole of the criminal. The superintendent after discussing with assistant superintendent, jailer and in charge can provide parole to the criminal under the rule 273.

There can also be reduction in parole due to bad behavior. If the prisoner attracts the authorities or indulges in bad behavior, then the parole time can be taken away. As per rule 304 of Delhi prison manual, it is the right of the superintendent to end the parole time of any criminal.

In accordance, Sanjay Dutt has been granted a parole of 105 days earlier to his release date. The jail administration has decided to granted parole to him. There is a rule in which a prisoner can be given parole 114 days before his time when he agrees with some regulations. Therefore, in this case he has not been given any special treatment.  

Under the prison law, a prisoner gets parole twice a year. This is granted to them so that they can be with their family in good or bad times. Those prisoners, who go absconding during their parole time, are sentenced to 2 years of jail time and financial penalty under the section 8(2) of the good conduct prisoner act 1962. 

Parole is of two kinds – Regular and custody. Under regular parole, permission is taken from the government. Mostly parole is increased for a month and under special circumstances, it can be increased more. Under custody parole, the prisoner is sent with police protection for a day, during which he can attend a wedding or death ceremonies. 

FACT: Furlough is granted to those criminals who have completed 3 years of jail time out of five or more years.

Source #Advocate Nandita Jha, High Court -New Delhi 



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