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PAROLE- THE REFORMATIVE INSTRUMENT OF PUNISHMENT IN PRISONIZATION

Section: A

Category: Research Paper

Paper Code: RP-NM-18

Page Number: 216 -228

Date of Publication: February 10, 2021

Citation: Nayana Medhi, Parole- The Reformative Instrument of Punishment in Prisonization, 1, AIJACLA, 216, 216-228, (2021).

Details Of Author(s):

Nayana Medhi, Former Faculty of Law, Indraprastha University


ABSTRACT Parole is a social control weapon to the implementation of the reformative or the rehabilitative measures, through which the” humanity” aspect; even towards the criminals is reflected. Prisonisation symbolizes a system of punishment and also a sort of institutional placement of undertrials and suspects during the period of trial. To deal with the criminals, prisons are established; in which the aspect, scope, and ambit of” punishment” prove or can be stated as one of the pivotal instruments or weapons or machinery to treat the criminals. The parole system in the Indian Prison Administration is an agency to transform our prisons into rehabilitative institutions wherein the prisoners are treated humanely and wherein one’s personality is nurtured and is trained to transform oneself from a criminal into a responsible citizen of our country. Parole is an integral part of the correctional process. It is a kind of consideration granted to the prisoners to help them to come back into the mainstream of life. It is nothing but an instrument of social rehabilitation of the prisoner. The Government of India is legislating as well as trying to execute further reforms in the Parole System for the upliftment of humanity amongst the prisoners to prove it to be a strong weapon of rehabilitation. KEYWORDS Parole, Prisoners, Prisonisation, Rehabilitation, and Welfarism

INTRODUCTION Those of us who have had to inspect a jail where executions are carried out have firsthand knowledge of the agony and horror that a condemned prisoner undergoes every day. The very terminology used to identify such prisoners, death-row inmates, or condemned prisoners, with their even more explicit translations in the vernacular– tend to remind them of their plight every moment of the day. In addition to the solitary and lack of privacy concerning even the daily ablutions, the rattle on the cell door heralding the arrival of the jailor with the prospect as the harbinger of bad news, a condemned life a life of uncertainty and defeat. In one particular prison, the horror was exacerbated as the gallows could be seen over the wall from the condemned cells. The effect on the prisoner on seeing this menacing structure each morning during their daily exercise in the courtyard, can well be imagined.”[1] Parole is a social control weapon to the implementation of the reformative or the rehabilitative measures, through which the “humanity” aspect; even towards the criminals is reflected. It is a welfare mechanism to the prisoners that even amid the purview of punishments and its sufferings, it helps in maintaining and implementing the minimal aspects of fraternity, equality, liberty, justice, and democracy[2]; within the ambit of the Indian Jails or the Indian Prisons; (in our country India.) There can't be a society without crimes. Man essentially is a fighting creature, thus to think about a crimeless society is meaningless. Talking, there is no society without the issue of wrongdoing and wrongdoers. Since the time the beginning of human progress wrongdoing has been an astounding issue. There is not any society that isn't assailed with the issue of wrongdoing. A society made out of people with saintly characteristics would not be liberated from infringement of the standards of the society. truth be told, wrongdoing is a powerful idea changing with the social change. It is contended that wrongdoing is an important component of each society as it is a key state of social association. Various gatherings have variable and regularly inconsistent interest in the society which offer ascent to clashes in the end bringing about the frequency of wrongdoing. The idea of wrongdoing is worried about the social request. Notably, man's advantages are best secured as an individual from the local area. Everybody owes certain obligations to his men and simultaneously has certain rights and advantages which he anticipates that others should guarantee for him. This feeling of common regard and trust for the privileges of others controls the direction of the citizenry bury se. Albeit a great many people trust in "fall back on toleration when in doubt" guideline yet there are a rare sorts of people who, for reasons unknown or the other, stray from this ordinary standard of conduct and partner themselves with against social components. This forces a commitment on the state to keep up the harmony, security, and regularity in the society. The exhausting undertaking of securing the honest residents and rebuffing the crooks vests with the state which performs it through the instrumentality of law. Laws are the guidelines of activities managing the direction of people in the public arena. The behaviors which are made passable under the law are treated as legitimate. The miscreant carrying out wrongdoing is rebuffed for his blame under the Rule that everyone must follow. Thus it can be stated that, The Institution of Prison is indispensable for every country (India) to punish, the convicted criminals and maintain law and order, peace and security, and a balanced ambiance in a country. Prisonisation symbolizes a system of punishment and also a sort of institutional placement of undertrials and suspects during the period of trial[3]. Since there cannot be a society without crime and criminals, the institution of prison is indispensable for every country. According to Oxford English Dictionary, the term ‘Prison’ means a building used to confine criminals or people awaiting trial; and the term ‘Prisoner’ means a person kept in prison or a person captured and kept confined; respectively. Prisoner is generally used to imply the criminals in context to the Prison System of a country (India). Again according to Oxford English Dictionary, the term” Criminal” means a person who has committed a crime. Howard Becker, an American Sociologist[4] labeled the criminals / the lawbreakers as ‘outsiders’.Howard Becker (1963) developed his theory of Labelling (also known as Social Reaction Theory) on the assumption that people are likely to engage in rule-breaking behavior as essentially different from the members of rulemaking or rule-abiding society. The lawbreakers see themselves at odds with those who are law-abiding. Becker labels the lawbreakers as ‘outsiders’ and holds the view that they accept the label attached to them and they begin to view themselves as different from the ‘mainstream’ of the society. Thus, similarly, Frank Tannenbaum and Edwin Lemert have also stated some aspects of the ‘deviance’ by the deviants i.e. the criminals. To deal with the criminals the prisons are established; in which the aspect, scope, and ambit of ‘punishment’ proves or can be stated as one of the pivotal instruments or weapons or machinery to treat the criminals. According to Oxford English Dictionary, the term punishment means imposing of penalty on someone for an offense. Thus, it can be regarded that, the concepts of criminals (outsiders/deviants), prison, and punishment are very much interlinked and interdependent to one another to maintain and preserve a disciplined, peaceful, lawful, and just society. To punish criminals is a recognized function of all civilized countries for centuries. But with the dynamism pattern of the society, the very approach of the penologists towards punishment has also undergone a radical change. The penologists today are concerned with the crucial problem, regarding the very ‘end of punishment’ and its place in the penal policy. Though there are various opinions regarding the aspects of punishments of the offenders from the traditional times to recent modernism, practically and broadly stating, there are four types of views that can be distinctly found to be in action or are prevalent. Modern penologists refer to them as ‘the theories of punishment.’ They are as follows: 1. The Deterrent Theory. 2. The Retributive Theory. 3. The Preventive Theory. 4. The Reformative or the Rehabilitative Theory. Thus, the prison may serve to deter the offender or it may be used as a method of retribution or vengeance by making the life of the offender miserable and difficult. The isolated life in the prison and the incapacity of inmates to repeat crime in the prison fulfill the preventive purpose of punishment. That apart, prison may also serve as an institution for the reformation and rehabilitation of the offenders.[5] The disposition of society towards detainees may differ as per the object of discipline and social response to wrongdoing in a given local area. If the detainment facilities are intended for requital or discouragement, the condition inside them will be reformatory in nature perpetrating more prominent agony and enduring and forcing extreme limitations on detainees or detainees. Then again, if the jail is utilized as a foundation to regard the criminal as a degenerate, there would be lesser limitations and power over him inside the organization. Nonetheless, the advanced reformist view sees wrongdoing as a social illness and favors treatment of guilty parties through non-correctional strategies, for example, probation, parole, open prison, and so on[6] All things considered, Parole has arisen as quite possibly the most adequate type of restorative gadget in present-day penology. It has been generally perceived as quite possibly the most proper strategy for the treatment of wrongdoers for their renewal and restoration in the typical society after the last delivery. Moreover, it extensively helps in diminishing congestion in detainment facilities. One of the proper strategy for detainees to have the option to enter the local area and take an interest in useful work is to deliver them on parole. Even though there is consistently a risk for the general public concerning the ex-detainees' conduct and disposition; parole is one such gadget that tries to secure society and help the ex-detainee in re-changing himself to an ordinary free-life locally .“Thus, parole has a dual purpose, namely, protecting society and at the same time bringing about the rehabilitation of the offender.”[7]

THE CONCEPT OF PAROLE Historically, parole is ac concept known to military law and denotes the release of a prisoner of war on promise to return. These days parole has become an integral part of the Anglo- American criminal justice system, intertwined with the evolution of changing attitudes of the society towards crime and criminals. Parole has resulted to be a pivotal part of the prison administration in the developed and the developing countries of the world. In case of parole, part of the sentence/imprisonment is served and it is then the convict is released on parole on condition of good behavior and if he is found to have improved and has abstained from criminal conduct, he gets remission of the rest of the sentence and for some time at least a part of the sentence.[8] Parole is based on the principle of individualization of treatment of offenders and includes a program of guidance and assistance to the delinquents i.e. the prisoners who are sentenced with imprisonment. Parole is also known as a pre-mature release of offenders after a strict scrutiny of long term prisoners, under the rules laid down by various governments. Premature release from prison is conditional subject to his behaving in society and accepting to live under the guidance and supervision of the parole officer [9]. The conditional release from prison under parole may begin any time after the inmate has completed at least one- third of the total term of his sentence but before his final discharge. Parole is an act of grace and it is not a matter of right. The Supreme Court in Smt. Poonam Latav. Wadhaman & others[10]. It is stated that parole is a grant of partial liberty or lessening of restrictions to a convicted prisoner, but released on parole does not in any way, change the status of the prisoner. It is a provisional release from confinement but is deemed to be a part of the imprisonment.[11]Parole is the process in the prison administration which is necessarily intertwined with the aspect of imprisonment.” It seems the word ‘Parole’ which means “a term to designate conditional release granted in a penal institution” in the encyclopedia of the social sciences, is used in different senses in different States of India. The States of Uttar Pradesh, Madhya Pradesh, Punjab, and Haryana have legislation on this subject. A set of Parole Rules have been framed sometimes ago by the Crime Advisory Board on correctional services to preserve a basic uniformity of approach in the country.[12]

PAROLE DISTINGUISHED FROM FURLOUGH It can be distinctly stated that parole and furlough are the parts of the penal and the prison system for humanizing prison administration but the two have different purposes. The distinctions are as follows: 1. Parole is a matter of grace whereas furlough is a matter of right (although not an absolute right as it is allowed periodically). Furlough is to be granted to the prisoner periodically irrespective of any particular reason merely to enable him to retain family and social ties and avoid the ill- effects of continuous prison life. But, on the other hand, it is not so in the parole system. Parole can be denied to the prisoner if the parole board consisting of the parole officers after supervising (like the prisoners’ behavior, attitude, etc.) finds out that his release on parole would cause a threat to the security of the society. “For instance, Sanjay Dutt who is convicted in the Bombay Blast Case, has been sent to the prison for punishment and it is found that the has been granted ‘furlough’ and it is not the parole.” Furlough is to be granted to every prisoner irrespective of any reasons or supervision, without even because priorly inmate has already been released on parole for once[13]. (But, for the sake of the security of the society, sometimes even furlough can be rejected on the rarest of the rare case [14].) 2. The period spent on furlough is treated as a period spent in the prison. But it is not so concerning parole. The period spent on parole is not counted as remission of sentence. (As decided in State of Maharashtra and v. Suresh Pandurang Darvekar.[15])

HISTORICAL BACKGROUND The 'Parole framework' in the jail organization developed in relationship with crafted by various people who headed the various detainment facilities of the better places/nations of the world during the time frames from 1840s to 1867. They incorporate Alexander Maconochie, Brockway Zebulon, and Walter Crofton. Initially, the idea of parole in the jail organization was first presented based on the idea/measure known as 'ticket of leave' allowed to the then detainees as a system of communicating the humankind feelings towards the purported people the detainees from the four dividers of the jailor jail cells. The 'Parole framework' in the jail organization initially started in an arrangement worked out by Alexander Maconochie (who was the Governor of the Norfolk Island Prison which is situated off the shore of Australia) in the year 1840. When Alexander Maconochie was filling in as the Governor of the Norfolk Island Prison the conditions in this corrective province was so terrible particularly for the individuals who were serving life term detainment, consequently, a jail structure was presented whereby the detainees who showed up in the prison were first put under severe detainment with exacting observation, and afterward the detainee was allowed a ticket of leave which he procured through his great conduct and work. Subsequently, Walter Crofton (who was the Governor of the Irish Prison) has introduced the parole system in the prison administration in the year1854. Furthermore, the parole system in the United States of America was introduced by Brockway Zebulon (who ran the Elmira penitentiary in New York) in the year 1867. He introduced the parole system in the prison administration of the United States to reduce the overcrowding in the prisons (jails) and at the same time used it as an instrument to rehabilitate prisoners by encouraging them to make their way out of the prison through their good behavior.[16] Parole in its developed form was first adopted by New York State in the law of 1869 authorizing the Elmira Reformatory.[17] Thus, it can be stated that Alexander Maconochie, Brockway Zebulon, and Walter Crofton were the pioneers in advocating the concept/the system of parole, in the prison administration. With the march of time, in the subsequent years the various other countries of the world like that of our very motherland India, has borrowed the concept of the parole system in the jail/prison administration; from the parole system administered in the prisons of Ireland, England and the United States of America; to shower the humanely- touch towards the prisoners who in reality experience the most depressing and horrified sufferings in the jails. (Jails are considered to be one of the most mysterious section of the prison system.[18]

EVOLUTION OF THE CONCEPT OF PAROLE IN THE JURISPRUDENTIAL CONTEXT The concept of parole has its birth root in the Positivist School or the Analytical School of Jurisprudence which confines to the study of law as it exists i.e. positus[19] The Positivist School of Jurisprudence opined that the people are free to choose their conduct. While committing any crime, an offender always calculates his gain, his pleasure; at the cost of other’s pain. So he must be punished based on the Utilitarian principle i.e. “the greatest happiness of the greatest number of people in the society; and the maximum pleasure to be enjoyed and minimum paint of suffered by the people”[20].But the Positivist School argues that based on different circumstances an individual is forced to commit a crime. So, he must get an opportunity to be rehabilitated. Thus, from this view; the thought of the concept of parole has developed, or on the other hand; it can be stated that “the womb of the concept of parole is there habilitative or the reformative aspect of punishment.” It provides a second chance to the prisoner to rehabilitate himself. The offender might have committed an offense, but it is not desirable or reasonable that he must always be labeled as an outsider [21] or a deviant[22]must not be given many chances to rehabilitate himself. Its objectives are twofold: the rehabilitation of the offender and the protection of society. It is a means of helping the inmate to become a law-abiding citizen, while at the same time ensuring that he does not misbehave or commit crimes.[23]

DEFINITION OF PAROLE The term parole has been defined at different times by different scholars. As defined by J.L. Gillin,” parole is the release from a penal of reformative institution, of an offender who remains under the control of correctional authorities, in an attempt to find out whether he is fit to live in the free society without supervision.[24] It is the last stage of the correctional scheme of which probation may probably be the first and foremost one. Again another criminologist named, Donald Taft characterizes parole as a release method that retains some control over prisoners, yet permits them more normal social relationships in the community and provides constructive aid at the time they most need it. According to him, Parole is a release from prison after part of the sentence has been served, the prisoner remaining in custody and under stated conditions until discharged, and liable to return to the institution for violation of any of these conditions.[25] Further, Dr. Sutherland considers parole as the liberation of an inmate from prison or a correctional institution on the condition that his original penalty shall revive if those conditions of liberation are violated.[26] With the introduction of parole into the penal system, all fixed-term sentences of imprisonment above eighteen months are subject to release on license. It is an act of grace and the convicted prisoner may be released on condition that he abides by the promise to return. “There lease on parole is considered to be an instrument for the implementation of the reformatory process in respect to the prisoners to provide them with the opportunity to transform them into the law-abiding citizens of the country (India).”[27]

PAROLE IN INDIA Jail is one of the most mysterious section of the prison system. The prisons were present thousands of years back from today, but before the eighteenth century, they were seldom used to incarcerate convicted offenders. The surroundings and the very environment of the prisons were very dehumanizing where imprisonment presented different objectives of punishment such that of deterrence, retribution or vengeance and prevention. In India, the prison reforms emerged as an outcome of the worst conditions of treatment faced by the inmates in prisons during the period of their imprisonment. With the march of time and with the dynamic nature of the society, the reformative trend was gaining momentum in the field of penology all around the world and it paved the way to the cause of correctional method of treatment of offenders in India. It was realized that confining the convicts in the closed prison cells hardly serves any purpose. Numerous protests were held to develop the jails of India into a humane place to live in and to dispense justice to the prisoners concerning their violation of human rights. It was only that during the latter half of the twentieth century the significant reforms in the prison administration of India could be felt and experienced. With the development in the planned penal program in our country India; the concept or the process of parole system has been introduced which seems to conform with the existing Indian penal laws. Thus, in the Indian prison system, the concept, nature, and scope of parole has proved to be a very successful mechanism of social control in society and it has also proved to be an aid in promoting the reformative aspect of punishment; and mold up the criminals into a responsible and law-abiding citizen of the country. The criminals are to be treated rather than to be punished. Moreover, parole has been utilized as a weapon to narrow down the gap between prison life and the free life of the outside world.[28] Thus, parole is a constructive device used in the Indian Prison Administration in the present context of the society.

THE OBJECT OF PAROLEA door separates them from the world outside. They watch the dark, moonless sky; the only link between them and the other world. Years of waiting, life could end here, far from civilization and the world where they were born. Their identity a serial number”- Kumkum Chadha… In such a dehumanizing environment; parole is a penal device that seeks to humanize prison justice. It enables the prisoner to return to the outside world on certain conditions. The main objectives of parole technique as stated in the Model Prison Manual are: 1. To enable the inmate to maintain continuity with his family and deal with family matters; 2. To save the inmate from the evil effects of continuous prison life; 3. To enable the inmate to retain self-confidence and active interest in life.[29] The main object of parole is to adjudge the adjustability of responsive inmates to normal society by offering them suitable opportunity to associate themselves with the outside world.

CONDITIONS OF PAROLE The main purpose of parole is not to express leniency towards the prisoner but to seek his rehabilitation in future life. Parole is a rehabilitative phase of law enforcement. The system essentially involves two considerations, namely: 1. Watchful control over the parolees (the prisoners who are granted the ticket of leave from the prison) so that he could be returned to prison institution from which he was paroled out if the interest of the public security so demanded; and 2. Constructive help and advice to parolee by securing him suitable work to develop self-confidence in him and finally to guard him against exploitation.[30]

FUNDAMENTALS OF A GOOD PAROLERelease on parole is a wing of reformative process and is expected provide opportunity to the prisoner to transform himself into a useful citizen” The fundamental process which is to be followed for a good parole system are[31]:

Preparation The preparation for parole must start from the moment the convict sentenced with imprisonment enters the prison. In the institution of prison, there must be a trained staff which includes social workers, psychiatrists, psychologists, and others concerned with the task of understanding the prisoners through which the preparation for parole usually resumes to function immediately and systematically. The American Correctional Association has compiled a handbook dealing with pre-release preparation for parole consideration.[32]

Parole Section An ideal selection method is a necessary ingredient for a good parole system. A prisoner who is to be set free on parole is to be very careful and reasonably selected. It is an aspect in the (Indian) Prison Administration that every prisoner should be released sometime before the expiration of maximum sentence, intending to provide an opportunity to the prisoners to mold up their personality to adjust with the outer world after he leaves the prison institution. Except under certain circumstances (i.e. he is either broken in spirit or deeply embittered against society) the inmate becomes a social liability and he is denied parole.

Supervision Supervision is another vital method for a successful parole system. The very crux of a successful parole is supervision. The supervision of a parolee is a sine qua non for a productive parole system in prison administration (India.) There are the parole officers who are entrusted with the responsibility to supervise the parolees; concerning provide help, counsel and guide the parolees/ clients throughout the parole mechanism. The parole officers wear the shoe of the policemen in context to the aspect that the parole officers have to keep an eagle’s eye regarding the occurrence of the parole violations by the parolees which aids in maintaining a healthy and optimistic parole system. Similarly, sometimes the parole officers must treat the parolees as their friends in need, or sometimes must play the role of an advisor who thoroughly understands the individual parolee’s problems arising therefrom his term in the prison. The real challenge of the officers in the field of supervision of the parolees is their capacity to make the parolee/client fit for rehabilitation in the community. An ideal parole system transforms a criminal/prisoner into a reformed human being without hampering the security and welfare in a country like India. The combination of both supervision and assistance (by the parole officers through the parole board) is inevitable for the implementation of an ideal parole system.[33] The functioning of the concepts of supervision and assistance are very much interdependent with one another for the proper implementation of the parole system in the prison administration. Excessive supervision over parolees without proper guidance would virtually mean that the parole authorities are performing the police functions of keeping a close watch on the prisoner under threat of punishment taking it for granted that the parolees would repeat the crime if not kept under surveillance. Conversely, assistance to parolees without proper supervision will also yield poor results. It is erroneous to think that the parolees came from themselves merely by affording them easy freedom. It is a part of the parole officer’s duty to ensure that the parolee makes the best use of the opportunities placed before him after his release from prison. While handling the parolees, priority must be given to the protection of the country against crime rather than the undue leniency towards the parolees.[34]

CONTROL OVER THE PAROLE VIOLATION It is human nature, to commit mistakes. There is a famous saying that “To err is human”. In such a circumstance; the prisoner being a human may at times deviate himself from the conditions on which he was released, the outcome of which is the parole violation and he is liable to be returned to the prison from where he was paroled out. To implement the parole system reasonably, judiciously, and constructively there must be the provision of the control mechanism over the scenario of violation of the parole system. The procedure to be followed when the conditions of parole are violated[35] At first, a warrant of arrest is issued and served to the parole- violator and he is arrested and brought back to the prison by the parole authorities without the necessity of a fresh trial in his case. “He is then given a “parole violation hearing” and is offered every opportunity to defend his case in person or through a counsel”[36]. If he unable to justify his conduct, he is made to undergo the unexpired term of his sentence. If he has violated parole conditions by committing another crime, then concerning that case, he shall be tried for the new offense and sentenced accordingly[37]. But he shall not be granted the opportunity to receive the ticket to leave for the second time i.e. while undergoing a term of sentence for his subsequent offense. In India, it is provided that if any prisoner fails without sufficient cause to observe or follow any of the conditions as laid down by the Parole Board on which the release on parole is granted to him, he shall be deemed to have committed a prison offense under Section 48-A of the Act.[38] Such parolees shall be proceeded against under the appropriate law for the parole – violation. To prove the parole system as one of the essentials’ in the Indian Prison Administration; the control mechanism at the times of parole violation is of great necessity. Thus, the parole system in the Indian Prison Administration is an agency to deal with the dehumanizing state of an environment wherein the prisoners’ human rights are being violated daily and wherein the inmates undergo extreme harshness and sufferings in the jails or prisons (India).

CONCLUSION AND SUGGESTIONS Thus, parole is a system and a constructive device used in the Prison Administration for the reformation and rehabilitation of the prisoners which was evolved and developed particularly in the prisons of Ireland, England, and the United States of America long years back. Further with the march of time it has been developed and adopted in the Indian Prison Administration as an agency to deal with the dehumanizing state of an environment wherein the prisoners’ human rights are being violated daily and wherein the inmates undergo extreme harshness and sufferings in the jails or prisons (India); thus maintaining humanism and welfarism in our egalitarian society. The parole system in the Indian Prison Administration is an agency to transform our prisons into rehabilitative institutions wherein the prisoners are treated humanely and wherein one’s personality is nurtured and is trained to transform oneself from a criminal into a responsible citizen of our country. In India, The Government of India has to legislate as well as execute further reforms in the Parole System for the upliftment of humanity amongst the prisoners to prove it to be the strong weapon of rehabilitation. Certain strong guidelines have to be laid down to execute the parole system in a very progressive manner. Parole is an integral part of the correctional process. It is a kind of consideration granted to the prisoners to help them to come back into the mainstream of life. It is nothing but an instrument of social rehabilitation of the prisoner in the ambit of prisonization.


[1]Supreme CourtYearly Digest 2009, Justice H.S. Bediin Jagdish v. State of Madhya Pradesh (2009) 9SCC495 Para 53. [2] Constitution of India 1950. [3] P. D. Sharma – PoliceandCriminal JusticeAdministrationin India (1985) 145. [4] The Labelling Theory and (its perspective) – Propounder. [5] Prof.N. & V.Paranjape ,Criminology and Penology with Victimology. [6] Ibid. [7] Supra Note 9. [8] J.P.S. & Sirohi, Criminology and Penology. [9] Supra note 12. [10] Smt. Poonam Lata v.Wadhaman & others AIR1987 SC1383. [11] Supra note 9. [12] Journal of Social Defence, 1972, 13. [13] Bhikhabhai Devshi v. State of Gujarat, AIR1987 Guj. 136. [14] Supra note 9. [15]State of Maharashtra and anr v. Suresh Pandurang Darvekar. AIR 2006 SC 247. [16] Barnes and Teeters, New Horizons in Criminology, 566-567 (3rdEdn.). [17] Supra Note 20. [18] Sutherland and Cressey.: Principles of Criminology, 568 (6th Edn.). [19] Barnes and Teeters, New Horizons in Criminology, 329 (3rd Edn.). [20] J.L.Gillin.: Criminology and Penology, 339 (3rd Edn.). [21] Edition Taft and England: Criminology, 485, (4th Edn.). [22] Sutherland and Cressey.: Principles of Criminology, 575. (6th. Edn.). [23] Supra note 9. [24] Supra note 9. [25] Bhikhabhai Devshi v. State of Gujarat, AIR1987 Guj.136. [26] Supra note 9. [27] Supra note 9. [28] Hand Book on Pre- Release Preparationon Correctional Constitutions, New York, American Correctional Association, 1950. [29] Sutherland and Cressey.: Principles of Criminology, 586, (6th edn.). [30] Supra note 9. [31] Supra note 21. [32] Supra note 9. [33] Supra note 9. [34] Supra note 21. [35] Supra note. 9. [36] Principle of Natural Justice is implemented. [37] The Constitution of India 1950, Art. 20(2). [38] The Prisons Act (IX of 1894), Sec. 48-A.

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Section: D Category: Case Commentary Paper Code: CC-NC-01 Page Number: 458 - 460 Date of Publication: February 10, 2021 Citation: Namrata Chakrabarty, Vineeta Sharma v. Rakesh Sharma, 1, AIJACLA, 458

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