Chapter XXII PRISON LEAVE, REMISSION AND PRE - MATURE RELEASE

61. open and semi open correctional institutions

1. (1) The State Government shall establish and maintain as many open and semi open correctional institutions for the prisoners as may be required.
2. (2) The State Government shall allow such facilities or concessions in such open or semi open correctional institutions which may assist the prisoner in his rehabilitation into the society, as may be prescribed under the rules.
3. (3) The rules for management of open or semi open correctional institutions, including the procedure and eligibility of prisoners who can be transferred to such correctional institutions, dealing with prisoners who violate any condition of transfer to an open or semi open correctional institutions, etc., shall be such as may be prescribed by the Government.

1. (1) Prison leave shall be granted to eligible convicted prisoners’ as an incentive for good behaviour and responsiveness to correctional treatment with the objective of their rehabilitation, as may be prescribed under the rules. ..
2. (2) There shall be the following types of prison leave, namely-
   • (a) Regular Parole;
   • (b) Emergency Parole;
   • (c) Furlough.
3. (3) Regular Parole may be granted to eligible convicts by the competent authority under such conditions and for such purposes as may be prescribed under the rules. The period spent on regular parole may not exceed thirty days at a time and may not be granted more than two times in a year. The period spent on regular parole shall not be counted as part of sentence.
4. (4) Emergency Parole may be granted by the competent authority to eligible convicts in rare or emergent situations, under police protection for a period extending up to 48 hours, as prescribed under the rules. The period spent under this parole shall becounted towards part of sentence.
5. (5) Furlough may be granted to eligible convicts by the competent authority for a period not more than fourteen
6. (14) days as an incentive for maintaining good conduct and discipline in the prison under such conditions and for such purpose as may be prescribed under the rules. The period spent on furlough shall be counted as part of sentence served by the prisoner.
7. (6) For prisoners governed by any of the laws relating to the Armed Forces of the Union, the grant of leave shall be subject to the provisions of those laws.
8. (7) If a prisoner on parole or furlough fails to surrender on the due date upon intimation by the Officer-in-charge of the prison, the police shall arrest the prisoner under provisions of section 262 of Bharatiya Nyaya Sanhita, 2023 and take action as per the provisions of law.
9. (8) Violation of parole/furlough conditions shall attract prison punishment as prescribed by rules.

For public safety and preventing parole jumping, prisoners may be granted prison leave on the condition of their willingness to wear electronic tracking devices for monitoring the movement and activity of such prisoners.

Remission to prisoners

1. (1) Subject to the overall good behaviour and conduct of a convicted prisoner while serving the sentence, remission may be granted by the competent authority, as may be prescribed under the rules.
2. (2) The period and criteria of granting remission shall be such as may be prescribed under the rules.

Pre-mature release shall be allowed to a prisoner by the competent authority with the objective of his rehabilitation and reintegration into the society. The Government may constitute a Sentence Review Board for considering and recommending cases for premature release of convicted prisoner in appropriate cases under the provisions of the Bharatiya Nagarik Suraksha Sanhita, 2023, as prescribed under the rules.