VICTIMOLOGY & PENOLOGY

TOPIC: COMPARISION BETWEEN PROBATION, PAROLE & FURLOUGH

SUBMITTED TO:
DR. RUCHI SAPHIA
(ASSOCIATE PROFESSOR OF LAW)

RESEARCHED & AUTHORED BY:

SURUCHI SINGH
Enrollment No.- 1020202149
9TH SEMESTER

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 ACKNOWLEDGEMENT

I would love to put a conversational expression of gratitude to Dr. Ruchi Saphia,

Associate Professor (Law), at National Law University, Shimla, for providing me an
opportunity through this project to explore Criminal law specialization under the topic;
Comparison between probation, parole and furlough; thereby helping me assimilate
within and pick up on it. I believe this will help me comprehend better and get an
enhanced hang on suits pertaining to this area of the Penology and Victimology,
through this project analyzation.

DECLARATION

I hereby declare that this project work is original and is neither published nor
under consideration anywhere else.

DATE: 20/11/2024 SURUCHI SINGH

BALLB(Hons.)

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 TABLE OF CONTENT

 ACKNOWLEDGEMENT……………………………………………...2
 DECLARATION……………………………………………………….2
 ABSTRACT……………………………………………………………4
 RESEARCH METHODOLOGY………………………………………4
 OBJECTIVES…………………………………………………………...4
 INTRODUCTION………………………………………………………5
 HISTORY OF PROBATION AND PAROLE…………………………..7
 LEGAL ASPECT……………………………………………………….8
 CONDITION FOR PAROLE……………………………………………8
 CONDITION FOR PROBATION………………………………………9
 FURLOUGH……………………………………………………………10
 CONCLUSION…………………………………………………………12
 BIBLIOGRAPHY………………………………………………………13

ABSTRACT
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This paper focuses on the significance of three key correctional reform measures: probation,
parole, and furlough. It explores the conceptual definitions of these terms, their historical
origins, and how they have evolved into widely accepted tools for reformation. Additionally,
it highlights facts and data that illustrate the current state of prisons and the resulting
violations of prisoners' human rights. The conclusion summarizes the findings of the study
and offers recommendations aimed at improving conditions for prisoners and safeguarding
their human rights.

This project will focus on the government agencies responsible for enforcing laws,
adjudicating crimes, and addressing criminal behavior. The criminal justice system serves as
a tool for social control, addressing behaviors deemed by society to be highly dangerous or
destructive by either regulating or outright prohibiting them. Consequently, the project will
explore victimology, emphasizing the role of justice agencies in punishing offenders and
deterring future crimes. The criminal justice system uniquely holds the authority to manage
crime and impose penalties on those who violate the law.

RESEARCH METHODOLOGY

The research adopts a qualitative and descriptive design to analyse the conceptual, legal, and
practical differences between parole, probation, and furlough. This involves exploring legal
frameworks, policy documents, case studies, and secondary data.

OBJECTIVES

 To understand the historical and legal origins of parole, probation, and furlough.

 To identify the similarities and differences in their purpose, application, and impact.

 To examine their effectiveness as correctional and rehabilitative measures.

 To analyze their role in addressing the rights and rehabilitation of offenders.

INTRODUCTION

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"Society must strongly condemn crime through punishment, but brutal deterrence is fiendish
folly and is a kind of crime by punishment. It frightens, never refines; it wounds never heals."
~ Justice Krishna Iyer'1

The disciplines of criminology, penology, and victimology focus on studying criminal

behavior and psychology, seeking answers to fundamental questions such as why individuals
commit crimes. Is criminality influenced by biological factors, or are economic conditions
also a driving force behind heinous acts like rape, arson, and murder? These fields are
designed to explore not only the mindset of offenders but also the psychological experiences
of victims. This comprehensive approach helps provide a broader understanding of various
dimensions of crime and uncovers patterns and trends.

As society progresses technologically, the principles of social justice appear to be

diminishing. Economic disparities are widening, with the rich becoming wealthier and the
poor facing greater financial struggles. This growing inequality adversely affects the mental
health of a significant portion of society, contributing to an increase in crime rates. By
identifying the root causes of criminal behaviour, it becomes possible to develop effective
strategies for addressing and reducing crime. Measures such as incarceration, fines, and other
penalties prescribed by law serve as tools to curb criminal activity and maintain social order.

Parole represents one of the most compassionate aspects of the prison system, offering
convicts a second chance to redirect their lives and experience a sense of belonging in the
outside world. While many have heard of parole, its deeper meaning often remains unclear.
At its core, parole embodies a humanitarian approach within the correctional framework. It
grants prisoners temporary release into society, aiding their transformation into responsible
and contributing citizens.

It is important to understand that parole is a privilege, not a right. It serves as a significant

reformative measure, emphasizing the fact that prisoners remain a part of society. Under
current regulations, sentences exceeding eighteen months qualify for parole after the
individual has served one-third of their term.

Probation, on the other hand, originates from the Latin term probare, meaning "to test" or "to
prove." It involves an offender being allowed to live within the community instead of serving
a prison sentence, under the supervision of probation officers. Individuals granted probation,
1
VR Krishna Iyer, 'Justice in Prison: Remedial Jurisprudence and Versatile Criminology" in Rani Dhavan
Shankardass, Punishment and the Prison: Indian and International Perspectives' [2000] Sage Publications, New
Delhi)

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known as probationers, are court-assigned and must strictly adhere to the conditions set by
the court, as monitored by their supervisors.

Furlough refers to a temporary leave of absence granted to a convict from prison for a
specified period. This conditional release is based on good conduct and serves as a form of
remission. A prisoner’s right to furlough is both substantial and legal, and it cannot be denied
if it is allowed under the applicable law 2. Each state has established its own rules and
guidelines for granting furlough. While the principles underlying these rules are generally
consistent across states, the procedures for obtaining furlough differ from one state to
another.

The traditional penological perspective regarded imprisonment and other custodial measures
as the sole means to control crime. However, the modern penological approach has
introduced alternative sentencing methods that aim to balance the needs of society with the
welfare of the accused. These methods include compensation, release with a warning,
probation, fines, and community service, among other innovative techniques.

"Modern Criminal Jurisprudence recognizes that no one is born a criminal & that good
many crimes are the result of the socio-economic milieu. Although not much can be done for
hardened criminals, yet a considerable emphasis has been laid on bringing about reform of
juveniles who are not guilty of very serious offenses by preventing their association with
mature criminals”.3

HISTORY OF PROBATION AND PAROLE

In the United States, John Augustus, a cobbler, is recognized as the first probation officer and
is often referred to as the "Father of Probation." Working near the court, he observed legal
proceedings and became deeply concerned about the plight of prisoners. This inspired him to
consider alternative methods that could make their lives better by creating a correctional
system focused on rehabilitation and reintegration into society.

He devised an experiment, appealing to courts to release prisoners under his supervision after
they had served part of their sentence. His goal was to determine whether these individuals
could successfully reintegrate into society. When many prisoners began to show signs of

2
Sharad Keshav Mehta Vs. State of Maharashtra & Ors. 1989 Cri LJ 681
3
Ramji Nissar VS State of BiharAIR 1963 SC 1088

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reform, Augustus actively advocated for this approach, laying the foundation for probation in
Western society. Over time, this concept gained traction worldwide, with various countries
adapting and codifying it within their criminal justice systems to align with their cultural and
legal frameworks.4

In India, the concept of probation has been adapted to align with the fundamental principles
of the Indian Constitution, placing all decision-making authority regarding probation in the
hands of the judiciary. As per Article 226 of the Constitution, probationary orders are subject
to judicial review.5

The concept of "parole" was introduced in 1840 by Scottish geographer Alexander

Maconochie, who later served as the superintendent of British penal colonies. He believed
that while prisoners should face consequences for their actions, they also deserved a chance
to rebuild their future and reintegrate into society. This perspective led him to develop a
three-part strategy. The first two stages focused on assessing the prisoners' behaviour and
work ethic, while the final stage evaluated their readiness to live as ordinary citizens under
specific conditions. Failure to comply with these conditions would result in their return to
prison. This approach laid the foundation for the world’s first parole system.

LEGAL ASPECT

On November 18, 1957, a bill concerning the Probation of Offenders was introduced in the
Lok Sabha. A joint committee was tasked with drafting the Act’s provisions, outlining how it

4
Ahmad Sidique,” Criminology and perspective”, P.g 206( Eastern Book Company, India)
5
Ibid.

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would operate and specifying the measures necessary to facilitate prisoner rehabilitation
through this correctional approach. Following thorough deliberation, the Act, known as the
*Probation of Offenders Act, * was passed on May 16, 1958.6

Section 360 of the Code of Criminal Procedure (CrPC), 1973, further specifies the conditions
under which prisoners may be released based on good conduct or after receiving an
admonition. This section outlines scenarios in which the court may deem the prisoner’s
behaviour to reflect "good conduct" as per the law and authorize probation either with or
without the requirement of sureties.7

Additionally, certain provisions under the Prison Acts of 1894 and 1900 govern parole orders
in India. However, there is no uniform statutory legislation regulating parole laws across the
country. Instead, each state has its own set of parole guidelines, which, while similar in spirit,
vary slightly from one another.

CONDITION FOR PAROLE

Parole is the conditional release of prisoners i.e. an early release of a prisoner, conditional on
good behaviour and regular reporting to the authorities for a set period of time. 8The object
behind parole is to grant some relief to the prisoners in certain exigencies which may be as
follows:

i. A member of the prisoner’s family has died or is seriously ill or the prisoner himself
is seriously ill;
ii. The marriage of the prisoner himself, his son, daughter, grandson, granddaughter,
brother, sister, sister’s son or daughter is to be celebrated;
iii. The temporary release of the prisoner is necessary for ploughing, sowing or
harvesting or carrying on any other agricultural operation of his land or his father’s
undivided land actually in possession of the prisoner;

It is desirable to do so for any other sufficient cause. Parole can be granted only after a
portion of the sentence is served. If the conditions of parole are not abided by the parolee, he
may be returned to serve his sentence in prison. There are many State Governments who
have formulated guidelines on parole in order to bring out the objectivity in the decision
making and to decide as to whether parole needs to be granted in a particular case or not. In
6
N. V Paranjpe, Criminology and Penology with Victimology, [Link]- 552(Central Law Publications, Allahabad,
15th edition)
7
The Code of Criminal Procedure,1973.
8
Asfaq Vs. State of Rajasthan & Ors., (2017) 15 SCC 55

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such cases, the decision to whether grant parole or to not grant parole is taken in accordance
with the guidelines so framed. The guidelines of some of the States stipulate two kinds of
paroles, namely;

(i) Custody Parole and

(ii) Regular Parole.

Custody Parole’ is generally granted in emergent circumstances like:

i. Death of a family member;

ii. Marriage of a family member;
iii. Seriou’s illness of a family member;
iv. Any other emergent circumstances.

Whereas ‘Regular Parole’ is granted in the following cases:

i. Serious illness to a family member;

ii. Critical conditions in the family on account of accident or death of a family member;
iii. Marriage of any member of the family of the convict;
iv. Delivery of a child by the wife of the convict if there is no other family member; to
take care of the spouse at the time;
v. Serious damage to life or property of the family of the convict including damages
caused by natural calamities;
vi. To maintain family and social ties;
vii. To pursue the filing a of special leave petition before the Hon’ble Supreme Court
against a judgment delivered by the High Court convicting or upholding conviction,
as the case may be.

CONDITION FOR PROBATION

 Restitution.
 Reparation.
 Invasive supervision.
 Intensive counselling.
 Participation in a therapeutic program.
 Participation in an educational or vocational training program.

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 The term Probation is derived from the Latin word probare, which means to test or to
prove. It is a treatment device, developed as a non-custodial alternative that is used by the
magistracy where guilt is established but it is considered that imposing of a prison
sentence would do no good. Imprisonment decreases the convict's capacity to readjust to
the normal society after the release and association with professional delinquents often
has undesired effects.

The object of the provision is to prevent the conversion of youthful offenders into
obdurate criminals as a result of their association with hardened criminals of mature age
in case the youthful offenders are sentenced to undergo imprisonment in jail.9

Section 562 of the Code if Criminal Procedure, 1898, was the earliest provision to have
dealt with probation. After amendment in 1974 it stands as S.360 of The Code of
Criminal Procedure, 1974. S.361 makes it mandatory for the judge to declare the reasons
for not awarding the benefit of probation. In 1958 the Legislature enacted the Probation
of Offenders Act, which lays down for probation officers to be appointed who would be
responsible to give a pre-sentence report to the magistrate and also supervise the accused
during the period of his probation. Both the Act and S.360 of the Code exclude the
application of the Code where the Act is applied. The Code also gives way to state
legislation wherever they have been enacted.

FURLOUGH

Furlough means granting leave of absence for a specified period of time to a convict from
prison. It is a conditional release and is granted as good conduct remission. The right to
be released on furlough is a substantial and a legal right of the prisoner and he cannot be
denied the same if it is permissible under law. 10 Every State has formulated its own set of
rules/guidelines for getting furlough. Whilst rules/guidelines of various States remain
more or less the same in spirit, it is only the procedure for obtaining furlough which
varies from State to State. The Hon’ble Division Bench of the Gujarat High Court 11 has
held that a convict may be denied furlough solely on ground of the offences committed by
him as his release will hamper his reform or expose the society to the very danger to
shield from which the convict is imprisoned. However, the Hon’ble Division Bench of the

9
Jugal Kishore Prasad v. State of Bihar AIR 1972 SC 2522
10
Sharad Keshav Mehta Vs. State of Maharashtra & Ors. 1989 Cri LJ 681
11
Juvan Singh Lakhubhai Jadeja Vs. State of Gujrat, 1973 (14) GLR 104

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 Delhi High Court12 disagreeing with the rationale of the Hon’ble Gujarat High Court held,
that the seriousness of the offence cannot be a criteria to reject furlough without
considering the convicts situation and reasons. The authority granting furlough in cases
where the convict has been guilty of serious offences should do so with extra caution and
also need to write a statement of reasons for granting furlough to such convicts.

CONCLUSION

The criminal justice system aims to rehabilitate offenders while ensuring the safety and
security of society and its members through appropriate measures against wrongdoers. This
makes it a correctional approach. Incarceration alone does not fulfil this objective; alternative
measures such as parole, admonition with fines, and probation are equally effective in
achieving this goal.
12
Dinesh Kumar & Ors. Vs. Govt. of NCT Of Delhi 2012 (129) DRJ 502

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Probation, in particular, can be beneficial in cases where individuals, due to family disputes,
financial hardship, the loss of loved ones, or similar challenges, attempt to end their lives. Its
primary purpose is to reform offenders and guide them toward the right path. Achieving this
objective requires not only legislative measures but also a committed and sincere effort from
the administration.

From the above discussion, it is evident that the reformative tools of probation and parole
play a vital role in safeguarding and improving the welfare of prisoners, contributing to the
overall enhancement of the prison system. Initially introduced as a concept, these tools have
since been incorporated into legal frameworks, offering even hardened criminals an
opportunity to rectify their past actions. They now serve as a deterrent and a mechanism for
refining the prison system.

However, there are numerous gaps in the current structure. A more progressive outlook is
needed to soften the rigidity of existing laws, which could expedite judicial decision-making
processes. Probation, parole and furlough also introduce a dynamic flow within the prison
system, creating space as individuals are released, which is then filled by others. This
movement helps alleviate overcrowding in prisons, addressing one of the major challenges
faced by correctional facilities.

BIBLIOGRAPGY

 Indian Journal of Law and Legal Research, Vol. 4 Issue 2, pp. 1-16
 Prayagraj Law Review, Vol. 1, Issue 2 (Summer 2023), pp. 38-44
 Criminal Justice Review, Vol. 1, Issue 2 (Fall 1976), pp. 61-72
 Indian Journal of Criminology, Vol. 5, Issue 2 (July 1977), pp. 84-91.

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  [Link]
supreme-court-explains-difference-between-parole-and-furlough/
 [Link]

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