With reference to India, consider the following statements:
1.When a prisoner makes out a sufficient case, parole cannot be denied to such a prisoner because it becomes a matter of his/her right.
2.State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
Although some criminal statutes carry a right to an eventual parole hearing, typical laws do not absolutely guarantee parole itself. Authorities retain the discretion to deny parole to prisoners they deem dangerous. Hence, statement 1 is not correct. The grant of parole is governed by rules made under Prison Act, 1894 and Prison Act, 1900. Many State governments have also formulated guidelines to facilitate decision-making to determine whether parole needs to be granted in a particular case or not. For example, the Rajasthan Prisoners Release on Parole Rules, 1958. Hence, statement 2 is correct. Therefore, option (b) is the correct answer.