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Prelims 2021 · Q83 · Laws & acts

With reference to India, consider the following statements :

  1. 1.When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
  2. 2.State Governments have their own Prisoners Release on Parole Rules.

Which of the statements given above is/are correct?

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Answer: B. Statement 1 is wrong: parole is a conditional release granted at the authority's discretion, not a right, even if the prisoner makes a case. Statement 2 is correct: prisons are a State subject, so each State has its own parole rules. So only 2.

Watch for: Parole is discretionary; the Supreme Court has held it is not a legal right.

Why the other options are wrong
  • A. Wrong because parole is not a matter of right.
  • C. Wrong because statement 1 is false.
  • D. Wrong because statement 2 is correct.

Source to check: Asfaq v. State of Rajasthan (2017) 15 SCC 55 (parole not a right); Constitution of India, Seventh Schedule, State List Entry 4 (Prisons); Model Prison Manual 2016 (MHA)

Answer from the official UPSC key. Written and fact-checked by AI against the official key. Spotted a mistake? Report it.