Hashimpura Massacre Convicts Challenge Delhi Prison Rule on Furlough

Definition

Short-term, temporary release from prison granted to convicts as part of a reformative approach, without a specific emergency reason.

Conditional release of a convict before completion of sentence, on the basis of good conduct and specific emergency needs.

Temporary release of an accused person (not yet convicted), to ensure their presence during trial, granted by judicial authority.

Nature of Sentence

Sentence continues to run during furlough.

• For example, if a convict is serving a 10-year sentence and is released on furlough for 30 days, they still complete the sentence in 10 years.

Sentence is suspended during parole.

• For example, in a 10-year sentence, if parole is granted for 30 days, the sentence period gets extended by 30 days.

No sentence involved — person is not yet convicted. The person remains free while facing trial.

Purpose

• Break monotony of imprisonment.
• Encourage discipline and good behavior.
• Help prisoner maintain family/social ties.
• Psychological reform of long-term inmates.

• Relief in exigencies like death in family, illness, marriage, harvest season, or legal appeal.
• Rehabilitation of prisoners.

• Ensure accused attends court proceedings.
• Protect liberty of individuals during trial.

Granting Authority

• Deputy Inspector General (DIG) of Prisons under Prison Rules.
• However, Delhi Prison Rules, 2018, Note 2 of Rule 1224: If appeal is pending before High Court, furlough must be sought from court, not executive.

• Divisional Commissioner or Prison Authorities, depending on jurisdiction.

• Judicial Magistrate or Court, under Section 479–511 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (replacing CrPC).

Eligibility

• Long-term convicts with good conduct.
• Not available to those convicted under serious crimes like UAPA, organized crime, terrorism, or repeat offenses.

• Convicts with good behavior;
  Considered only in emergent situations.
  Not granted to convicts of heinous crimes like rape or murder.

• Available to most accused, except those charged under BNS serious offences, or if deemed flight risk or threat to society.

Conditions

• Return to prison on time.
• May be subject to reporting to local police or movement restrictions.
• May be denied in interest of society/public order.

• Must follow rules of conduct during parole period.
• Regular police reporting, movement restrictions.
• Violations can lead to cancellation and re-arrest.

• Must comply with court conditions: surety bond, police reporting, restricted movement, surrendering passport, etc.

Duration & Frequency

• Limited, short-term, often 14–30 days, extendable.
• Can be granted once or twice a year, depending on jail manual.

• Generally longer duration than furlough, can be granted multiple times, depending on conduct and reason.

• Duration lasts till trial ends or bail is revoked.
• Bail types: interim, regular, anticipatory.

Requirement of Reason

No specific reason required.

• Granted as part of reform policy.
• Can be denied for public safety.

• Specific reason mandatory (e.g., funeral, illness, sowing/harvesting, marriage, exam, SC appeal).

• Bail is granted based on judicial discretion, legal provisions, and nature of offence.

Legal Nature

• Administrative decision under prison rules or Delhi Prison Rules 2018.

• Mix of administrative and legal discretion.

• Purely judicial process, governed by BNSS 2023 (Sections 479–511).

Relevant Constitutional Provisions

• Tested against Article 14 (Right to Equality) and Article 21 (Right to Life and Liberty).

• Also tested on Article 14 and 21, especially in cases of denial despite good conduct.

• Protected under Article 21 — liberty of individuals is fundamental unless proven guilty.