12 March 2024 Constitutional & Government >> Constitution & Law Procedure   |   Parole and Furlough >> Criminal Law  

In a significant judgment, the Delhi High Court has revisited the entitlement of convicts to furlough under Indian law. The case centered on a Petitioner serving a life sentence for offenses under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO Act).

The Petitioner petitioned the court for a three-week furlough, citing the need to maintain social ties and mitigate the psychological effects of incarceration. However, the initial application was rejected by the competent authority on the grounds of the "heinous nature" of the crime. The court, while recognizing the gravity of the offense, contested the automatic disqualification of the petitioner based solely on the crime's character. The bench emphasized the provisions enshrined within the Delhi Prison Rules, 2018 (DPR 2018), which promote good conduct in prison and the significance of maintaining social connections for convicts (Rule 1197).

Crucially, the court noted the Petitioner's exemplary conduct record throughout his incarceration, devoid of any disciplinary actions or prior furloughs. This, coupled with the rehabilitative objectives of furlough as outlined in DPR 2018 (Rule 1200), influenced the court's decision to grant the petition with specific conditions.

The Petitioner will be released on a 15-day furlough contingent upon furnishing a surety bond, submitting to weekly reporting with the local Station House Officer (SHO), and maintaining an active phone number for communication with authorities.

This landmark judgment underscores the importance of considering a convict's prison conduct and adherence to prison rules when evaluating furlough requests, even for individuals facing severe charges. The decision reinforces the concept of furlough as an incentive for good behavior and a tool for facilitating social reintegration, fostering a more nuanced approach within the Indian correctional system.

  Protection of Children from Sexual Offences Act, 2012    Indian Penal Code, 1860