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Official Website of West Bengal Correctional Services, India - Facilities, Parole & Remission

 

Chapter XVII of the West Bengal Correctional Services Act, 1992 deals with Remission, Release and Parole in details:

 

 

Remission

All prisoners sentenced to rigorous imprisonment for any period exceeding three months are entitled to remissions at the rate of four days per month. If any civil prisoner or criminal prisoner sentenced to simple imprisonment exceeding three months opts for and engages in labour, he is also entitled for remission as above.

In addition to this, the Superintendent of a correctional home may grant special remission to a criminal prisoner in consideration of meritorious service, arduousness of labour, extra labour, consistency in work and strict adherence to discipline and proficiency in educational and cultural affairs of prisoners subject to maximum of 30 days in a year.

The Inspector General of Correctional Services may grant special remission to a prisoner on special grounds up to 60 days. Finally, the State Government may, by order, grant special remission to all prisoners on any festive or memorable occasion. The remission is not admissible to the convicts undergoing sentence under NDPS Act and certain other categories of offences.

The remission earned by the convict is deducted from the total sentence awarded to him for the purpose of his release.

Parole

There is no restriction on a convict about the number of times he can apply for parole. A prisoner sentenced to imprisonment for a period of two years or more may be released by the Inspector General of Correctional Services on parole for a period not exceeding one month excluding the period required for journeys from and to the correctional home

The Inspector General of Correctional Services may grant emergency parole not exceeding five days to a prisoner in case of any emergency, such as illness of his relatives, death, marriage, funeral, education or any other ceremony in which the prisoners’ participation according to prevalent custom is essential.

The Inspector General of Correctional Services, alone, has the power and authority to grant parole. If however, release of a prisoners is immediately necessary on parole in case of any emergency, the Superintendent of any correctional home may, subject to ratification by Inspector General of Correctional Services release a prisoner for a period not exceeding five days as may be considered necessary under Police escort.

The prisoner is released on parole on submission of a bond by the surety and during the period of parole he remains unguarded.The prisoner on parole is expected to abide by its terms and conditions. The emergency parole however, is granted usually under Police escort.

The parole is not admissible to the convicts undergoing sentence under NDPS Act or Foreigners Act or if he is a habitual offender. It is also not permitted in the case of convicts sentenced under certain other categories of offences.

The period of parole is counted towards the total sentence of a prisoner.