Rights and Duties of Prisoners


RIGHTS OF PRISONERS



  • Rights to Human Dignity

(i)Right to be as a human being and as a person- This right has been stressed and recommended by the Supreme Court of India which has categorically declared that prisoners shall not be treated as non-persons.

(ii)Right to integrity of the body- immunity from use of repression and personal abuse, whether by custodial staff or by prisoners.

(iii)Right to integrity of the mind- immunity from aggression whether by staff or by prisoners.

(iv)Right to non-deprivation of fundamental rights guaranteed by the Constitution of India ,except in accordance with law prescribing conditions of confinement.

  • Right To Basic Minimum Needs

Right to fulfillment of basic minimum needs such as adequate diet, health, medical care and treatment, access to clean and adequate drinking water , access to clean and hygienic condition of living accommodation ,sanitation and personal hygiene ,adequate clothing,bedding and other equipment.

  • Right to Access to law

(i) Right to effective access to information and all legal provisions regulating conditions of detention.  

(ii) Right to consult or to be defended by a legal practitioner of prisoner's choice.

(iii) Right to access to agencies, such as State Legal Aid Boards or similar organizations providing legal services.

(iv) Right to be informed on admission about legal right to appeal,revision,reviews either in respect of conviction or sentence

(v) Right to receive all court documents necessary for preferring an appeal or revision or review of sentence or conviction.

(vi) Right to communicate with the prison administration, appropriate Government and Judicial authorities, as the case may be, for redressal of violation of any or all of prisoners rights and for redressal of grievances.

  • Right to Communication

(i)Right to communication with the outside world.

(ii) Right to periodic interviews

(iii) Right to receive information about the outside world through communication media.


  • Right against Arbitrary Prison Punishment

Right to entitlement in case of disciplinary violation (i) to have precise information as to the nature of violation of prisons Act and rules,(ii) to be heard in defence,(iii) to communicate on the decision of disciplinary proceedings, and (iv) to appeal as provided in rules made under the Act.

  • Right to Meaningful and Gainful Employment

(i)Right to meaningful and gainful employment

Note 1: No prisoner shall be required to perform 'begar' and other similar forms of forced labour, which is prohibited as a fundamental right against exploitation under Article 23 of the Constitution.

Note2: Under trial prisoners volunteering to do work may be given suitable work whenever practicable. Such prisoners should be paid wages as per rules.

Note 3: No prisoner shall be put to domestic work with any official in the Prison administration. Such work shall not be considered as meaningful or gainful, even if some monetary compensation is offered.

Note 4: Prisoners shall be, in no case, put to any work which is under the management, control, supervision or direction of any private entrepreneur working for profit of his organization. This will not apply to open prisons and camps.

(ii)Right to get wages for the work done in prison.

  • Right to be released on the due date

DUTIES OF PRISONERS



It shall be the duty of each prisoner:-


  • To obey all laws and instructions issued by the competent prison authorities;
  • To abide by all prison rules regulations and perform obligations imposed by these rules and regulations;
  • To maintain the prescribed standards of cleanliness and hygiene;
  • To respect the dignity and the right to live of every inmate, prison staff and functionary;
  • To abstain from hurting religious feelings, belief and faiths of other persons;
  • To use Government property with care and not to damage or destroy the same negligently or willfully;
  • To help prison officials in the performance of their duties at all times and maintain discipline and order;
  • To preserve and promote congenial correctional environment in the prison.

Remission to Prisoners

 

284. Remission— a concession and not right.— Subject to the provisions of these rules, remission may be granted as hereinafter provided, as a matter of concession only and not as of right.

285. Kinds of remission.— Remission may be of the following kinds:—
  •    Ordinary Remission

  •    Annual Good Conduct Remission

  •    Special Remission

  •    State Remission

 

286. Authority to grant ordinary remission.— (1) The Superintendent shall be the authority to grant ordinary remission under these rules. (2) The grant of remission shall be made every month by the authority mentioned in sub-rule (1).

287. Convicted criminal prisoners eligible for ordinary remission.— Subject to the provisions of these rules, ordinary remission at the scales prescribed in rule 289 may be granted to the following classes of prisoners:—

(a) Non-habitual prisoners having a substantive sentence of rigorous imprisonment of two months and more; Explanation.— For the purpose of ascertaining whether or not a prisoner is a habitual, the entries in court papers shall ordinarily be treated as standard reference.

(b) Prisoners sentenced to simple imprisonment of two months and more who volunteer to work and actually work.

(c) Prisoners working on conservancy or cooking jobs irrespective of their length of sentence.

(d) Prisoners undergoing imprisonment in lieu of fine which immediately follows and is in continuation of the sentence which makes the prisoner otherwise eligible to remission.

(e) Prisoners admitted for less than one month in hospital for treatment or for convalescence after an ailment or injury not caused wilfully. (Those admitted for such purpose for more than one month should be entitled to remission for good conduct only).

(f) Ex-military prisoners for the period they pass while in transit or in military custody before their admission to the prisons in the State.

 (g) Prisoners who are habitual offenders may be granted remission subject to the provisions of rule 147.

 

288. Non-eligibility for ordinary remission.— Ordinary remission may not be granted to a prisoner—

(a) where any sentence passed against him in default of payment of fine is not annexed to a term of substantive sentence for which the prisoner is otherwise eligible for remission;

(b) if the term of sentence or the aggregate of sentence passed against him is reduced on appeal or otherwise to a period of less than two months;

(c) in whose case, the Government has ordered that remission should not be granted;

 (d) (i) who, due to self-inflicted injuries, is detained in a hospital as indoor patient; or (ii) who has resorted to hunger-strike or work- strike, for such periods as may be decided by the Superintendent;

(e) during out-periods which are not reckoned as part of sentence (being periods during bail, extradition and other periods which are treated as out- periods and not reckoned as part of sentence unless specific orders of the Government are issued in that behalf).

(f) in the case of prisoners transferred from one prison to another on disciplinary grounds, during the period of their stay in the latter prison.

(g) prisoners debarred from remission as punishment.

 

289. Scale of ordinary remission. — (1) Subject to the provision of these rules (including this rule), ordinary remission may be granted to the prisoners mentioned in column 1 of the Table below, being prisoners who are eligible for remission under rule 287 for the number of
days not exceeding those shown against them in column 2 thereof:—

TABLE
Category of prisoners 1 Scale of remission 2
(a) All prisoners except habitual prisoners (i) three days per calendar month, subject to rule 147 and rule 291 for good behaviour, discipline and participation in the various activities, such as physical institutional training, educational programmes and the like; and
(ii) four days per calendar month, for performing the allotted work in accordance with the prescribed standards.
(b) Prisoners working conservancy jobs. three days per calendar month, being a remission, in conservancy or cooking jobs in addition to the remission earned under clause (a).

(2) Where a prisoner eligible for remission under rule 287 is unable, for reasons beyond his control (such as, court attendance or transit from one prison to another), to participate in the institution activities during any months, he may, if his conduct during that month was good, be granted remission at the scale earned by him during the month immediately preceding such month.

(3) Unless otherwise directed by the Inspector General, a prisoner may be granted ordinary remission for the month in which he is released on furlough or parole at the scale earned by him during the month immediately before his release on furlough or parole.

(4) Remission at the scale prescribed in clause (a) sub-rule (1) may be granted to a prisoner who is eligible for remission under rule 287 if – (a) the inability referred to in sub-rule (2), arises soon after his admission into the prison, or

 (b) if a Medical Officer has duly certified that the prisoner being a bonafide indoor patient in a hospital or being convalescent, invalid or infirm, was unable to perform the allotted work in accordance with the prescribed standards during the month.

(5) Where a prisoner has been punished during any month, then if he is punished for bad conduct or for any violation in relation to his work which in the opinion of the Superintendent was a minor one, the monthly remission for good conduct or for work shall be reduced up to three days; but if the misconduct or any such violation in the opinion of the Superintendent was of a serious nature, the prisoner shall not be entitled to any remission for good conduct, or as the case may be, for work, for that month. The Superintendent shall record his reasons in writing for deciding misconduct or violation in relation to work as of a minor or serious nature.

 

290. Procedure for calculating ordinary remission.—

(1) Subject to the provision of these rules (including this rule), ordinary remission shall be calculated from the first day of the calendar month if a prisoner was sentenced on that day, and in any other case, from the first day of the calendar month next following the date of his sentence.

Explanation.— For the purpose of sub-rule (1), all out-periods, that is to say, release on furlough or parole or transfer from one prison to another (which are reckoned as part of sentence) shall not be treated as broken periods.

(2) In case of prisoners falling under clause (e) of rule 288, they may be eligible for remission from the first day of the calendar month next following the date of their re-admission into the prison.

(3) No prisoner shall be granted ordinary remission for the month in which he is released.

(5) In the case of a prisoner, transferred from a sub- jail to a central jail, the period spent by him in sub-jail (excluding the period spent as an under-trial prisoner) shall be computed along with the period spent by him in the prison for calculating remission.

(6) If a prisoner is undergoing two consecutive sentences, one of which is for a term of two months or more, and one of the sentence is remitted on appeal or otherwise, and the other sentence is not less than two months, any remission granted to him in respect of the sentence so remitted shall be taken into consideration for shortening his consecutive sentence.

 

291. Ordinary remission in case of habitual prisoners.— (1) A habitual prisoner shall not be entitled to any ordinary remission during the period of six months commencing on the date of his first admission into the prison.

(2) The Jailor shall, in the first week of the seventh month from the admission of such prisoner into the prison, forward a report to the Superintendent about the conduct and behaviour of each prisoner. The Superintendent shall decide upon the prisoner and the month from which he should be made eligible for the remission system subject to the provisions in rule 147 in chapter VIII “Habitual and Hardened Offenders”. The Superintendent shall cause a list of such prisoners to be maintained and kept in the prison.

(3) The Jailor shall, in the first week of the thirteenth month from the date of admission of such prisoner into the prison, forward a report to the Superintendent about the discipline and efforts made by him for self- improvement. The Superintendent shall, consequent to review by the Classification Committee and subject to the provisions in 147 in chapter VIII “Habitual and Hardened Offenders”, decide upon the prisoner and the month from which he should be made eligible for the remission system and at what scale of ordinary remission. Explanation — For the purpose of this rule, prisoners, initially classified as casuals are subsequently classified as habitual, shall be governed by the provisions of this rule, from the date the order is received by the Superintendent.

 

292. Grant of remission to life convicts.— Life sentence shall be taken as imprisonment for twenty years for the purpose of calculation of remission (under section 57, Indian Penal Code). In the case of a prisoner serving more than one life sentence, twenty years shall be treated as the total of all his sentences. When the State Sentence Review Board will examine his case, the remission to his credit will be one of the factors on the basis of which the review of his sentence will be considered.

 

293. Grant of remission to prisoners sentenced by Court Martial.— Prisoners sentenced by court martial shall be granted ordinary remission of the period they pass in transit, or in military custody, before their admission in prison on the same scale as laid down in these provisions.

 

 294. Granting of annual good conduct remission.— Where any prisoner eligible for ordinary remission has not committed any prison offence for an uninterrupted period of one year, reckoned from the date of his sentence, or as the case may be, from the date on which he completed his punishment for a prison offence, he may be granted thirty days annual good conduct remission, in addition to other remission.

 Example— A prisoner sentenced and admitted to a prison on second August, 2004, was removed from the remission system for a period of three months from 6th December, 2004. He will not be eligible for annual good conduct remission on 6th December, 2005 but on 6th March, 2006.

 

295. Authorities to grant special remission.— The Superintendent and the Inspector General shall be the authorities to grant special remission under these rules.

 

 296. Grant of special remission.— Special remission at the scale prescribed in rule 297 may be granted to prisoners:— (i) for saving the life of a Government employee or prison visitor or inmate; (ii) for protecting Government employee or prison visitor or inmate from attack; (iii) for preventing or assisting in preventing escape of a prisoner or apprehending a prisoner attempting to escape or intimating the attempted escape of a prisoner; (iv) for assisting prison officer in emergencies like fire, or outbreak of a riot, strike or other like eventuality; (v) for assisting in preventing or detecting serious breach of prison regulations; (vi) for marked diligence and success in imparting education and in teaching arts and crafts; (vii) for outstanding contribution or performance in cultural activities that is to say, drama, music, sports and the like in the prison; (viii) for consistent good work in the prison industries, or agriculture, or in important prison services; or (ix) for any other sufficient cause.

 

297. Scale of special remission.— Subject to the provision of rule 300, the Superintendent may grant special remission to any prisoner not exceeding 30 days in a year; and the Inspector General may grant special remission upto 60 days in a year.

Explanation— For the purpose of this rule, year shall be reckoned from the date of sentence and any fraction of a year shall be reckoned as complete year.

 

298. Mode of granting special remission.— (1) Each Jailor shall, regard being had to the provision of rule 297, recommend prisoners in his charge for special remission to the Superintendent.

(2) The Superintendent in consultation with the Assistant Superintendent, the Jailor and the person in charge of any factory or industry run with the assistance of prisoners shall meet once in a quarter or earlier, if required so to do by the Superintendent, to consider grant of special remission to prisoners; and the Superintendent may grant such special remission in accordance with the scale provided by rule 297 as he thinks fit.

(3) Where the Superintendent, after considering the recommendations submitted to him under sub-rule (1) or after consulting the officers aforesaid, is of opinion that a prisoner should be granted remission exceeding 30 days he shall make a recommendation in that behalf to the Inspector General.

(4) The Inspector General shall pass orders on all cases of special remission submitted to him under sub- rule (3).

 

299. Remission committee.— (1) The remission committee of each institution shall consist of:—

(i) Superintendent-in-charge of the institution— Chairman,

(ii) Assistant Superintendent/Jailor/Assistant Jailor, Jailor in charge of remission section,

(iii) Jailor/Assistant Jailor in charge of Industries/ /Vocational Training,

(2) The functions of this committee are:

(i) to attend to all matters pertaining to remission;

(ii) to recommend cases of prisoners to the Inspector General for the grant of special remission; and

(iii) to recommend other remissions.

(3) The members of the committee shall assist the Superintendent in all matters pertaining to the award of remission. The decision of the Superintendent shall be treated as final. The Remission Committee shall meet on fixed days in the last week of every month, or as and when required.

Note: (i) In view of the importance of the remission work, it is essential that the committee meet as per fixed schedule so that the remission may be granted in time. Special remission should be granted leaving a margin of at least seven days prior to the prisoner’s release.

 (ii) Entries regarding remission should be made, under proper attestation of Superintendent, in the Remission Register and the History Ticket of the prisoner concerned as soon as it is granted.

 (iii) Prisoners with substantive sentences from two month to five year should be sanctioned remission each month while those sentenced to more than five year (including life convicts) should be granted remission once in a quarter

(iv) Ordinary remission should be calculated for full calendar months, it should be not granted for fraction of a calendar month

(v) Special remission may be granted for any fraction of a year accordingly.

(vi) Grant of remission to prisoners sentenced by court martial should be on the same principle as those applicable to other prisoners.

 

300. State remission.— (1) The Government may, on such occasions of national importance or public rejoicing as may be determined, grant remission to such prisoners for such number of days as may by order, specify in this behalf. An order of such unconditional remission under this provision cannot be rescinded except in cases of fraud or mistake in its grant.

(2) In case of prisoners who, at the time of general grant of the State remission, are released temporarily or on emergency release, specific orders of the Government about the award of this remission to such prisoners shall be obtained.

 

301. Total of ordinary, annual good conduct and special remission not to exceed half of the substantive substance.— (1) The aggregate of the ordinary, annual good conduct and special remission granted to a prisoner shall not, without the special sanction of Inspector General, exceed half of the substantive sentence (to be calculated from the date of his conviction).

(2) Nothing in sub-rule (1) shall apply to prisoners sentenced to imprisonment for life.

 

302. Maintenance of record of remission.— (1) The Superintendent shall cause a remission sheet and a register in Form No. XXXIX to be maintained in the prison in which, he shall cause entries about grant and forfeiture, if any, of remissions to be made in accordance with the provision of this rule.

(2) The Jailor or officer in charge of Jail shall, on or before the last day of every month send to the Superintendent a report in respect of every prisoner who does not deserve ordinary remission for that month and a report in respect of every prisoner who deserves special remission. After taking into consideration the recommendations of the Jailor or officer in charge of Jail contained in the report, the Superintendent shall pass orders granting or refusing to grant the relevant remission in respect of each prisoner specified in the report. (3) The Jailor shall then enter in the remission sheet, the remission earned by each prisoner in terms of the orders passed under sub-rule (2); and such entries shall be attested by the Superintendent after due verification. The Jailor or officer-in-charge of jail shall report every month that the remission record in respect of each prisoner in the remission sheet has been maintained upto- date.

(4) The Jailor of the prison shall before the fifteenth day of January and fifteenth day of July every year, ledger these entries from the remission sheets in the remission register.

(5) The Superintendent or any other Officer authorized by him in this behalf may cause every prisoner to be informed at the end of each quarter about the remission earned by him during the quarter and also the total of his remission: Provided that the remission record shall be kept confidential, and no prisoner shall be entitled to have access thereto.

 

303. Report of special remission.— The Superintendent shall, on or before the fifteenth June and of December, each year, forward to the Inspector General a list of prisoners who are granted special remission by him and the Inspector General during the six months immediately preceding the said dates.

 

304. Cancellation and forfeiture of remission.— (1) Where a prisoner escapes from legal custody, the total remission earned by him upto the date of his escape shall stand cancelled.

(2) Where a prisoner attempts to escape from the legal custody or plans or abates escape, the Superintendent shall pass orders thereon as the circumstances of the case may require.

(3) Where a prisoner is convicted of an offence committed after admission to prison, under sections 147, 148,152, 224, 302, 304, 304-A, 306, 307, 308, 323, 324, 325, 326, 327, 332, 333, 352, 353 or 377 of the Indian Penal Code or convicted of an assault committed on a prison official, a prison visitor, a prisoner or any Government employee after admission to prison, all ordinary and special remission, of whatever kind, earned by him under these provisions up to the date of the said conviction may be forfeited in part, or in whole, with the sanction of the Inspector General.

 

305. Power of Superintendent to cancel remissions by way of punishment.— Subject to the provision of rule 304, a Superintendent may punish any prisoner for any prison offence under Section 46 of the Act by -

(a) forfeiting earned remission upto 30 days for one offence. Earned remission beyond thirty days may be forfeited with the sanction of the Inspector General.

(b) removing any prisoner from the remission system for a period not exceeding three month. However, the sanction of Inspector General shall be obtained for such removal from remission for any period exceeding three months: Provided that where the Superintendent is of the opinion that higher punishment by way of forfeiture of remission or removal from the remission system is necessary in the case of any prisoner, he may, with the previous sanction of the Inspector General award such higher punishment (including permanent removal from the remission system).

 

306. Removal and restoration to remission system.— (1) Where a prisoner is temporarily removed from the remission system under rule 305, the order of temporary removal shall state specific period for which the prisoner has been so removed from the remission system.

(2) The Superintendent may, with previous sanction of the Inspector General, re-admit to the remission system any prisoner, who has been permanently removed there-from under rule 305 if his conduct in prison justifies it subsequently: Provided that where, after the order of permanent removal from the remission system is made, the prisoner is transferred to another prison, the Superintendent of the prison, where the prisoner is transferred, shall submit his recommendation for restoring him to the benefits of remission system, to the Inspector General through the Superintendent who removed him from the remission system and such prisoner may be eligible for remission from the commencement of the month next following the month of his re-admission to the remission system.

 

307. Transfer of prisoners of the remission system.— When the prisoners on the remission system are transferred to other prisons, the remission sheets, duly checked and attested by the Jailor, shall be sent to the prison where the prisoner has been transferred.

 

308. Power of Inspector General to revoke remission.— The Inspector General may, at any time, call for the record of the case regarding remission granted to a prisoner and if he is satisfied that any prisoner was granted remission without sufficient reasons, by order, revoke, in whole or in part any ordinary or special remission granted to such prisoner or remove him from the remission system for the period specified in the order.

 

 

Furlough and Parole

Furlough

309. Sanctioning authority.— The Inspector General shall, subject to these rules, be competent to grant furlough to convicted prisoners as hereinafter mentioned. 310. When prisoner may be granted furlough.— (1) The grant of furlough to the prisoners to be released on furlough, excepting the prisoners debarred for consideration under rule 313, shall be regulated as follows:—

   Sentence  When due for first release on furlough  When due for second release  When due for subsequent release  Duration of furlough per year 
(a) Not exceeding five years  On completion of one year of actual imprisonment undergone After completion of six months of actual imprisonment to be counted from the date of his last return from furlough After completion of six months of actual imprisonment to be counted from the date of his last return from furlough             21 days
(b) Exceeding Five years but not more than 14 years On completion of two years of actual imprisonment undergone After completion of one year of actual imprisonment to be counted from the date of his last return from furlough After completion of six months of actual imprisonment to be counted from the date of his last return from furlough 21 days during the first five years of confinement and 28 days for the rest of them.
(c) Prisoners sentenced to life imprisonment exceeding 14 years On completion of three years of actual imprisonment undergone After completion of one year of actual imprisonment to be counted from the date of his last return from furlough After completion of six months of actual imprisonment to be counted from the date of his last return from furlough 21 days during the first five years of confinement and 28 days for the rest of them.

 (2) The period of imprisonment in this rule includes the sentence or sentences awarded in lieu of fine in case the amount of fine is not paid: Provided that if fine is paid during the period of imprisonment and the total sentence thereby reduces to a term not exceeding 5 years, he shall thereafter be eligible for release every year in accordance with sub-rule (1)(a) instead of every two years under sub-rule (1)(b).

(3) For the purposes of this rule, the period of imprisonment shall be computed as the total period for which a prisoner is sentenced even though one or more sentences are concurrent.

(4) If at any time, a prisoner who could have been granted furlough is either not granted or is not released in time, the period for which he could have been granted the furlough shall not be carried forward but shall lapse.

(5) An order sanctioning the release of a prisoner on furlough shall cease to be valid if not given effect to within a period of two months of the date thereof.

311. Objectives of furlough.— The objective of releasing a prisoner on furlough are:—
(i) To enable the inmate to maintain continuity with his family life;
(ii) To save him from the evil effects of continuous prison life;
(iii) To enable him to maintain and develop his self-confidence; (iv) To enable him to develop constructive hope and active interest in life

312. Furlough is not a right.— Furlough is not a right but a concession, which may be granted to convicts. This concession is subject to cancellation. The Government or Inspector General reserves the right to debar or withdraw any prisoner, or category of prisoners, from the concession of furlough.

313. Prisoners who shall not be granted furlough.— The following categories of prisoners shall not be considered for release on furlough:—
(1) Habitual prisoners.
(2) Prisoners convicted of offences under sections 392 to 402 (both inclusive) of the Indian Penal Code.
(3) Prisoners whose presence is considered dangerous or otherwise prejudicial to public peace and so ordered by the District Magistrate and Superintendent of Police.
(4) Prisoners who are considered dangerous or have been involved in serious prison violence like assault, outbreak, riot, mutiny or escape, or who have been found to be instigating serious violation of prison discipline.
(5) Prisoners whose conduct is in the opinion of the Superintendent as per records not satisfactory enough.
(6) Prisoners convicted of offences of violence against person or property committed for political motives, unless the prior consent of the Government to such release is obtained.
(7) A prisoner or class of prisoners in whose case the Government has directed that the prisoner shall not be released or that the case should be referred to it for orders.
(8) Prisoners who have at any time escaped or attempted to escape from lawful custody or have defaulted in any way in surrendering themselves at the appropriate time after release on parole or furlough.
(9) Prisoner suffering from mental illness, if not certified by the Medical Officer to have recovered.
(10) Prisoners whose work and conduct have not been good during the preceding 12 months.
(11) Prisoners whose release on furlough is likely to have repercussion elsewhere in the country.

314. Furlough not to be granted after return from parole.— Ordinarily furlough shall not be granted to a prisoner within a period of six months from the date of his return from parole.

315. Furlough not to be granted without security.—
(1) Surety bond.— A prisoner shall not be granted furlough unless he has a relative willing to receive him while on furlough and ready to enter into a surety bond in Form I for such amount as may be fixed by the Sanctioning Authority.
(2) Personal bond or cash security.— Every prisoner desirous of release on furlough shall be required to give a personal bond or cash security of the required amount in Form II or Form III as may be relevant.

316. How applications for grant of furlough should be dealt with.—
(1) Two months before a prisoner becomes eligible to be considered for release on furlough, the Superintendent shall inform the prisoner accordingly. If the prisoner desires to be considered for such release, he shall make an application (in duplicate) to the Inspector General through the Superintendent stating clearly the name and full address of the place where he desires to spend the furlough, the full name of the relative willing to receive him on furlough and prepared to execute the surety bond, and shall also state whether he is in a position to bear the expenses of the journey both ways or either way and, if not, the amount of expenses that may be required by him for such journey.
(2) On receipt of the application under sub-rule (1), the Superintendent shall, unless the prisoner is prima facie not entitled to release on furlough, forward it expeditiously to the Director General of Police of the State, with such remarks as he deems fit. A copy of this communication together with the prisoner's Nominal Roll shall be endorsed by the Superintendent to the Inspector General, and such endorsement shall inter-alia state.—
(a) The amount of money the prisoner has to his credit including the amount he may have earned in prison,
(b) the amount of money required for the journey both ways,
(c) the amount of security the Superintendent considers proper,
(d) the name of the village, taluka and district and State in which the prisoner proposes to spend his furlough,
(e) the name of the District from which he hails,
(f) the name of the District in which he was convicted.

The Director General of Police of the State should be requested to furnish, along with his opinion, the following information regarding the relatives of the prisoner with whom he intends to stay while on furlough: —
(a) Their relationship with the prisoner concerned.
(b) Whether such relatives are willing to keep the prisoner while on furlough.
(c) Whether they (viz., relatives) are willing to enter into surety bond.

(3) The Director General of Police of the State shall thereafter forward the application to the Inspector General together with his recommendations.

(4) The Director General of Police of the State shall, before forwarding the application to the Inspector General, cause inquiries to be made regarding the prisoner's statement, if any, that he is not able to bear the expenses of the journey both ways or either way, as the case may be, and make recommendations accordingly.

(5) If furlough is not recommended, adequate reasons for it shall be given.

(6) If on receipt of the application together with the recommendations under sub-rule (3), the sanctioning authority considers that furlough be granted, it shall make an order for the release of the prisoner on furlough on such conditions as may be specified in the order.

317. Fresh application for furlough.— A prisoner may, if he so desires, make a fresh application for furlough six months after the rejection of his previous application.

318. Conditions of release.— The sanctioning authority shall grant furlough to a prisoner subject to his executing a personal bond or giving cash security in Form No. II or Form No. III, as may be relevant, and also subject to a Surety executing a bond, in Form I. The release may further be subject to all or any of the following conditions: —
(1) that the said prisoner shall reside at the specified Taluka and District during the period of release on furlough and shall not go beyond the limits of the said District without the permission of the Director General of Police of the State or such Officer as the Director General of Police of the State may appoint in this behalf,
(2) that the said prisoner shall be of good behaviour and shall not commit any offence punishable by or under any law for the time being in force in India,
(3) that the said prisoner shall not associate with persons of bad character or lead a dissolute life,
(4) that the said prisoner shall, in case he proposes to change his religion during the period of furlough, give a minimum of seven days' prior intimation to the said Director General of Police as also to the Superintendent of the prison from which he has been released, about such intention, and he shall also furnish them with information regarding the new religion and the new name, if any, which he proposes to adopt.
(5) that the said prisoner will surrender himself to the Superintendent of the prison, from which he was released on the expiry of the period of furlough,
(6) that the said prisoner will report once a day to the Officer-in–charge of the Police Station having jurisdiction over the place of his stay during the period of furlough,
(7) that the said prisoner shall, immediately on arrival at the place mentioned in (1) above, report at the Police Station nearest to the said place of stay.

319. Declaration before release.— Before releasing a prisoner on furlough, a declaration as under shall be taken from him on the release order itself —
      "I hereby accept and agree to abide by the above conditions of the release order and I acknowledge that should I fail to fulfill these conditions or any portion of them, the sanctioning authority may revoke the order of release and forfeit the amount of security furnished by me, and I may be arrested by any Police Officer without warrant and remanded to undergo the unexpired portion of my sentence, and I further acknowledge that should I fail to fulfill these conditions or any portion of them, I am liable to be punished, on conviction, with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 1,000, or with both".

320. Prisoner ordinarily to bear journey expense.— When a prisoner is released on furlough, the cost of his journey both ways shall be borne by the prisoner concerned: Provided that, if in the opinion of the sanctioning authority, the prisoner is not able to bear the expenses of journey both ways or either way, as the case may be, the sanctioning authority may direct that the whole or any portion of such expenses be borne by the Government.

321. Extension of the period of furlough.— Notwithstanding anything contained in the foregoing rules, the sanctioning authority may, on the application of a prisoner or otherwise, by an order in writing extend the period of furlough for such further period, subject to the limitations in Rule 310, as may be specified in such order on the same conditions on which the prisoner was originally granted furlough or on such other conditions as the sanctioning authority may determine.

322. Intimation of release and of non-surrender of prisoner.—
(1) Whenever any prisoner is released on furlough, an intimation of his release on furlough shall forthwith be given by the Superintendent of prison: — (i) to the Inspector General. (ii) to the Director General of Police of the State.
(2) Where a prisoner does not surrender himself to the prison authorities after the expiry of the period of furlough, the sanctioning authority may, if it is satisfied that any of the conditions on which the furlough was granted has not been fulfilled, cancel its order granting such furlough. An intimation regarding such cancellation shall forthwith be given by the Superintendent to the Officer specified in clause (ii) under sub-rule (1). Upon such intimation, the police authorities may arrest the prisoner, if at large, and remand him to undergo the unexpired portion of his sentence.

323. Release order inoperative on a prisoner's surrender to the prison authorities.— As soon as prisoner released on furlough surrenders himself to the prison authorities, his order of release shall become inoperative. Where, therefore, a prisoner who is released on furlough has applied for the extension of the period of furlough and before his application has been sanctioned, surrenders himself to the prison authorities, he shall not be released after such surrender without obtaining a fresh order from the sanctioning authority.

PAROLE:

324. When parole to be granted.— Parole may be granted to a prisoner in the event of emergent situations like death or serious illness of father, mother, brother, sister, spouse and children and also marriage of brother, sister and children or for any other sufficient cause. 

325. Application for grant of parole.— A prisoner may be granted parole either on his own application or on an application made by his relative or friends, or legal adviser specifying full details of the emergent situation and circumstances warranting grant of parole. The application is to be submitted in triplicate in Form No. IV to the Superintendent.

326. Authorities competent to sanction parole.—
(1) The authority competent to sanction release of a convicted prisoner on parole shall be the Government in the following cases:
(a) Prisoners convicted by the Courts situated outside the State,
(b) Prisoners convicted by the Courts situated within the State but confined in prisons situated outside the State,
(c) Prisoners convicted of political offences,
(d) Any other case or class of cases wherein the Government has directed that the case or specified class of cases be referred to it for orders.

(2) In the cases other than those specified in sub-rule
(1), the Superintendent shall be the competent authority to sanction release of a convicted prisoner on parole upto a maximum period of 14 days.

(3) In cases other than those covered under sub-rule (1) and (2), the Inspector General shall be the competent authority to grant parole for a maximum period of 30 days at a time.

327. Applications for parole how to be dealt with.—
(1) In cases referred to under sub-rule (1) of rule 326, the Superintendent shall endorse his remarks thereon and submit one copy direct to the Government alongwith the nominal roll of the prisoner and the other to the Director General of Police of the State under intimation to the Inspector General.
(2) In cases referred to under sub-rule (2) of rule 326, the Superintendent shall, subject to this rule endorse his remarks thereon as may be relevant and submit one copy to the Inspector General alongwith the nominal roll of the prisoner and the other to the Director General of Police of the State.
(3) In cases referred to under sub-rule (3) of rule 326, the Superintendent shall endorse his remarks thereon and submit one copy to the Inspector General for his information and the other to the Director General of Police of the State for his report.
(4) The superintendent while forwarding the prisoner’s application for parole to the Director General of Police of the State shall specify in case of each application that to whom the report of the police is to be sent by the Director General of Police according to the respective sanctioning authorities for grant of parole under sub rules (1), (2) and (3)
(5) The Director General of police of the State shall immediately make enquiries to ascertain whether the ground or grounds on which parole is applied for is or are genuine and submit immediately his report to the authority specified by the Superintendent while submitting the prisoner’s application for parole for inquiry, mentioning inter-alia whether it recommends the grant of parole and also whether there is a likelihood of breach of peace if the prisoner is released on parole.

328. Extension of period of parole.—
(1) The extension in the period of parole may be extended on the application of the prisoner or his relative or friends, or legal adviser, by an order in writing for such further period as may be specified in such order on the same conditions on which the prisoner was originally granted parole or on such other condition as the authority granting extension may determine.
(2) The Superintendent shall not grant any extension where the Superintendent issues initial order granting parole.
(3) Where the prisoner has applied for extension for such further period which does not make the total period more than 30 days, the Inspector General may by an order in writing, extend the period of Parole for such further period as may be specified in such order subject to sub-clause (1) and rule 327(3).
(4) Where the initial order is issued by the Superintendent or by the Inspector General and the prisoner has applied for extension for such further period which exceeds thirty days, the Inspector General shall submit the case to the Government and the Government may, by order in writing, extend the period of Parole for such further period as may be specified in such order subject to sub-clause (1).

329. Enquiries may be made on receipt of application and police report.— On receipt of an application for parole along with the report of the Director General of Police under rule 328 (5), the sanctioning authority may make such further enquiries as it considers necessary, and pass such orders as it considers fit. If the sanctioning authority considers that there is no objection to release the prisoner concerned on parole it shall make an order for his release on parole.

330. Conditions subject to which prisoners may be granted parole.— The sanctioning authority may grant parole to a prisoner subject to his executing a Surety Bond in Form I and a Personal Bond in Form II or giving cash security in Form III respectively to observe all or any of the conditions mentioned therein and also subject to such other conditions, if any, as may be specified by the sanctioning authority: Provided that when prisoners convicted of serious offences are released on parole, a condition shall be included in the parole order directing or requiring the prisoner to report at the Police Station nearest to the place where he intends to spend his parole initially on his reaching such place and thereafter once or twice a week at such intervals as may be considered expedient: Provided further that when a prisoner applies for parole for the purpose of appearing at an examination, he will not be eligible to be released on parole unless the Inspector-General has passed an order in advance permitting him to appear at such examination.

331. Parole order ineffective on prisoner's surrender.— As soon as a prisoner released on parole surrenders to the Superintendent, his original order of release will be inoperative. Where, therefore, a prisoner who is released on parole has applied for the extension of the period of parole and before his application has been sanctioned, surrenders himself to the Superintendent, he shall not be released after such surrender without obtaining a fresh release order passed by the sanctioning authority.

332. Intimation of release and of non-surrender of a prisoner.—
(1) whenever any prisoner is released on parole, an intimation of his release on parole shall forthwith be given by the Superintendent to the authority which granted him parole and copies thereof shall also be sent:— (i) To the Inspector General, (ii) To the Director General of Police of the State.
(2) Where a prisoner does not surrender himself to the prison authorities after the expiry of the period of parole, the sanctioning authority may, if it is satisfied that any of the conditions on which the parole was granted has not been fulfilled, cancel its order granting such parole. The Superintendent shall forthwith give an intimation regarding such cancellation to the Officers specified in clause (ii) of sub-rule (1). Upon such intimation, the police authorities may arrest the prisoner, if at large, and remand him to undergo the un-expired portion of his sentence.

333. Application of certain rules to parole cases.— The provisions of rules 316(5), 318, 319, and 320 shall, mutatis-mutandis apply in the case of release of prisoners on parole.

Miscellaneous:
334. Form of order of release on furlough or parole.— Every order of release on furlough or parole shall be made in Form No. V.

335. Furlough and Parole to be counted as remission of sentence.— The period of release on furlough and parole shall be counted as remission of sentence, provided that, in case of breach it shall not be counted.