Prison authorities must inform released convicts of parole conditions, consequences of violating them: Karnataka High Court

The Karnataka High Court observed that there had been a trend of cases where the paroled convicts were unaware of the stringent consequences of not surrendering within the time limit.

In this case, a convict in a Pocso (Protection of Children from Sexual Offences) case had obtained 30 days of parole in March 2022, which was later increased to a total of 90 days.

The Karnataka High Court has asked jail authorities to inform prisoners of the consequences of breaching parole conditions. It laid down the instructions in an order based on an appeal by a prisoner who was sentenced to an additional two years of imprisonment for failing to return on time. The order was passed on October 9 by Justice Sachin Shankar Magadum of the Kalaburagi bench and made public recently.

In this case, a convict in a Pocso (Protection of Children from Sexual Offences) case had obtained 30 days of parole in March 2022, which was later increased to a total of 90 days. After she failed to surrender within the time period, proceedings were initiated against her for violating Section 58 of the Karnataka Prisons Act. The trial court in August 2023 imposed an additional two years of imprisonment on the convict for violating parole conditions. An appellate court had also refused to overturn this sentence.

The counsel for the government argued that the evidence of the prosecution was unimpeachable, having been analysed by both the lower courts. The counsel added that there were no grounds to interfere with the sentence. The counsel for the petitioner argued, on the other hand, that her failure to surrender was due to COVID-19 health complications.

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The bench did not accept this argument, highlighting the lack of medical records, prescriptions, or such evidence. It stated, “This Court is not expected to re-appreciate the entire evidence as if it were a Court of appeal, unless there is a manifest illegality, gross miscarriage of justice, or perversity in appreciation of evidence. No such infirmity is made out in the present case, warranting interference with the concurrent judgments rendered by the Courts below.”

The court further observed that there had been a trend of cases where the convicts were unaware of the stringent consequences of not surrendering within the time limit, and set forth a series of guidelines for prison superintendents.

The court directed that when a prisoner is released on parole, they must be briefed in a language known to them, by the superintendent or parole officer, about parole conditions and consequences of failure to report back in time; with a written undertaking from the convict that they understand this. Aside from legal literacy sessions on the issue, the prisons will also issue a pamphlet in Kannada and English explaining the rights and liabilities of a parolee, along with legal provisions on violation of parole.

The court stated that paroled convicts will also have to be informed that sentences awarded for failure to return on time will be served after the completion of the original sentence and not concurrently. Aside from maintaining records of the paroles, surrenders and dates of the same, prison authorities must also inform the relevant police station within 48 hours of a paroled convict failing to surrender in time.