In short. Parole and furlough are short periods of release for convicted prisoners, not undertrials. Parole is for a family need, such as a parent's illness, a wedding or repairing the family home. Furlough is a periodic break earned by good conduct after years in prison. Both are decided by the authorities under the Delhi Prison Rules 2018, usually within a few weeks. If the application is rejected or not decided, the family can file a writ petition in the Delhi High Court. Start by getting the convict's nominal roll and conduct record from the jail.
Is this your situation?
- Your father, husband or son is serving a sentence in Tihar, Mandoli or Rohini jail
- A close relative is seriously ill, has died, or a wedding is coming up in the family
- The convict has served several years with good conduct and has never had furlough
- A parole application was rejected because of an adverse police report
- The application was filed weeks ago and the authorities have not decided it
- The convict needs a few hours under escort to attend a funeral or a ceremony
- You are not sure whether to seek parole, interim bail or suspension of sentence
Parole and furlough are for convicts, and they are not the same thing
Parole and furlough are both temporary releases from prison, but they serve different purposes and follow different rules. Parole is release for a specific reason: a serious illness or death in the family, the marriage of a child or sibling, the delivery of the convict's wife, repairs to a house damaged by a calamity, or other pressing family or social needs. Furlough is not tied to any particular need. It is a periodic release earned through good conduct, meant to keep the prisoner connected to family and society and to give an incentive for discipline inside.
The difference has a practical consequence. Time spent on furlough counts as part of the sentence. Time on parole does not, so a convict who spends four weeks on parole serves four weeks more at the end. The Supreme Court described this distinction in Asfaq v. State of Rajasthan (2017), and in State of Gujarat v. Narayana (2021) it said that furlough is a reward for good conduct and not an absolute right. Both are concessions governed by the prison rules rather than rights a convict can claim at will.
Both apply only to convicts, that is, people whose trial has ended in a conviction and sentence. An undertrial in Tihar cannot get parole or furlough. An undertrial who needs to go out for a family emergency applies to the trial court or the High Court for interim bail or custody parole. A convict whose appeal is pending can also ask the appellate court to suspend the sentence. These are judicial remedies, decided by courts, while parole and furlough are decided by the prison and government authorities.
The rules that govern parole and furlough in Delhi
Delhi Prisons Act 2000 and Delhi Prison Rules 2018
The Act defines furlough and gives the government power to frame rules. The 2018 Rules replaced older guidelines and contain a separate chapter on parole and furlough: objectives, eligibility, the categories excluded, the duration and number of spells, the conditions of release and the consequences of overstaying.
Parole under the 2018 Rules
A convict generally becomes eligible after serving at least one year in prison as a convict, not counting the undertrial period or remission, with a shorter period allowed in exceptional cases where the undertrial period was very long. Conduct in the previous one to two years, and the convict's behaviour during any earlier release, are examined. The Rules cap the total parole a convict can get in a calendar year, and ordinarily require a gap of some months after the last parole, except in an emergency such as a death or serious illness in the family.
Furlough under the 2018 Rules
Furlough is for convicts serving longer sentences who have spent a set period in prison after conviction, earned good conduct ratings in their recent annual conduct reports, are not habitual offenders and are Indian citizens. It is given in a limited number of spells each year. Convicts in certain grave categories, such as murder after rape or offences under the POCSO Act, get fewer spells in their first years of eligibility.
Emergency parole (2020 amendment)
In March 2020 the Delhi Government amended the Rules to allow emergency parole of up to eight weeks in one spell during situations such as an epidemic, over and above regular parole. It was used during the COVID-19 period to reduce crowding in Delhi's jails and is invoked only by government decision.
Article 226, Constitution of India
Parole and furlough decisions are administrative. A rejection, or a failure to decide within the time the Rules expect, can be challenged by a criminal writ petition in the Delhi High Court on the ground that the authority ignored the Rules, relied on irrelevant material or gave no reasons.
Who decides, and where the High Court comes in
Parole applications are processed through the jail and decided by the Delhi Government's Home Department. The jail superintendent forwards the application with the convict's nominal roll (a record of sentence, time served and remission), the conduct report and the punishment record. The Home Department also calls for a verification report from the police station where the convict's family lives, covering the address, the stated reason for parole and whether the release could threaten the victim's family or public peace. Furlough is decided within the prison administration, at the level of the prison headquarters, on the jail's records and a police report.
When parole or furlough is refused, or not decided, the remedy lies in the Delhi High Court. A criminal writ petition under Article 226 is filed against the State (the Government of NCT of Delhi) and the prison authorities. It goes before a single judge with the roster for such petitions. The High Court can quash the rejection and direct release on conditions it sets, or send the matter back to the authority to decide again within a fixed time. Because every Delhi jail is administered by the Delhi Prisons department, the Delhi High Court is the right forum for any convict held in Tihar, Mandoli or Rohini, regardless of where the convict's home is.
A convict lodged in a Delhi jail who was convicted by a court in another state, or a Delhi resident serving a sentence in a Haryana or Uttar Pradesh jail, presents a different question. Generally, the rules of the state whose prison holds the convict govern parole and furlough, and the High Court for that state hears the challenge. Check this before filing anything.
Parole, furlough, interim bail and suspension of sentence compared
| Remedy | Who can seek it | Decided by | Counts towards sentence? |
|---|---|---|---|
| Parole | Convicts, after the minimum period in prison | Delhi Government's Home Department, on the jail's report | No, the time is added at the end |
| Furlough | Convicts with longer sentences, years in prison and good conduct ratings | Prison headquarters | Yes |
| Custody parole | Convicts and undertrials, for a few hours | Jail authorities or the court, with police escort | Not a release; the person stays in custody |
| Interim bail | Undertrials, and convicts in some cases through the appellate court | Trial court, Sessions Court or High Court | Undertrial time; for convicts, as the court directs |
| Suspension of sentence | Convicts whose appeal is pending | Appellate court, often the High Court | Not served while suspended; resumes if the appeal fails |
Common reasons parole is refused, and how the High Court views them
The most frequent ground of refusal is an adverse police report. The local police may say that the convict's release will disturb peace in the area, that the victim's family lives nearby and fears him, or that the reason given for parole could not be verified. The Delhi High Court has repeatedly said that a police report is one input and not a veto. If the report is vague, for example a line saying "release not recommended" with no reasons, the High Court can set aside a rejection based on it. If the report gives concrete facts, such as threats made to witnesses during an earlier release, the court will usually respect it.
The second common ground is the convict's conduct in prison: punishments recorded for fights, possession of a mobile phone or other breaches of discipline. The Rules count punishments in a set recent period, and courts check whether the punishment was properly recorded and approved and whether it falls within that period. A minor punishment from four years ago does not justify refusal under a rule that looks at the last two years.
Other grounds include overstaying or misusing a previous parole, a pending case in which the convict is wanted, the co-accused being released at the same time, and the convict falling within an excluded category. The Rules say simultaneous release of co-accused is ordinarily not permissible, but the High Court has held that this restricts release rather than barring it altogether, and that each case must be considered on its own reasons. When Advocate B.K. Singh reads a parole rejection order, he checks it line by line against the specific rule it cites, because many rejections rest on a rule that does not actually say what the order claims.
Furlough: earning it and keeping it
Furlough depends on the jail's record of the convict's behaviour. The annual good conduct report, prepared by the jail, is the document that matters most. A convict who has earned good conduct ratings in the recent annual reports and has no serious punishment is likely to meet the threshold; a single serious punishment can push eligibility back by a year or more. Families should ask the jail welfare officer what the convict's record shows and when the next report will be prepared.
Certain categories are excluded from furlough: prisoners considered dangerous or involved in serious prison violence, those re-arrested after absconding during an earlier parole or furlough, habitual offenders, and foreign nationals. Under the Rules, furlough is also ordinarily not granted while the convict's appeal is pending before the High Court or while the time to file it is running, so a convict who has just been sentenced will usually have to wait. Once a convict starts getting furlough, every return on time adds to the record for the next one.
Furlough is not something the High Court grants on sympathy. The court checks whether the authority applied the eligibility conditions correctly and whether the reasons for refusal are real and recorded. If the convict meets the conditions and the refusal rests on an irrelevant consideration, the court can direct furlough. If the convict does not meet the conditions, the petition will fail however strong the family's need.
Conditions while on parole or furlough, and the victim's side
Release comes with conditions, and they are enforced. The usual ones are staying at the address given in the application, reporting to the local police station on fixed days, not leaving Delhi or the stated district without permission, not contacting the victim or witnesses, and keeping a mobile number active and shared with the police. Where the ground was a parent's surgery, the authority may expect the convict to be at the hospital or the family home, not travelling elsewhere. A complaint from the police or the victim's family during the release can lead to recall and will be recorded against the next application.
The victim's family has a legitimate interest in these decisions, especially in cases of murder, sexual offences or long-running local enmity. The police verification report is the usual channel for their concerns, and families who fear the convict's return to the locality should tell the police officer who visits, with specific reasons: past threats, an incident during an earlier release, or the convict's family living next door. The High Court can also hear the victim's side if it applies to intervene in a writ petition. Concerns of this kind often lead to conditions, such as staying with a relative in another part of Delhi, rather than outright refusal.
How to apply for parole or furlough from a Delhi jail
This is the usual sequence. The jail's welfare officer can help the convict with the form.
Prepare the application
The convict applies through the jail superintendent, stating the ground (for parole) and the address where he will stay. Family members can also send a request, but the formal application normally goes through the jail. Attach proof of the ground: a hospital certificate, a death certificate, a wedding card, photographs of a damaged house.
Jail forwards the record
The superintendent forwards the application with the nominal roll, the conduct and punishment record and details of earlier releases. Missing documents at this stage are a common cause of delay.
Police verification
The authority asks the police station covering the convict's home address to verify the ground and report on any objection. The family should be available at home and should produce the proof of the ground to the police officer who visits.
Decision
The Home Department decides parole, and the prison headquarters decides furlough. The Rules expect a decision within a set time, about four weeks for parole, and the High Court has criticised authorities for sitting on applications well beyond that.
Release on conditions
If granted, the convict furnishes a personal bond and surety bond as directed, and is released for the stated period with conditions such as staying at the given address, reporting to the local police station and not contacting the victim's family.
Surrender on time
The convict must surrender at the jail on or before the last day. An extension, if genuinely needed, must be sought before the period ends, not after. Overstaying is treated as unauthorised absence and damages every future application.
If the application is rejected or not decided, the next step is a writ petition in the Delhi High Court, with a copy of the rejection order and all the documents filed with the application. Our page on writ petitions in the Delhi High Court explains the general procedure.
Time and cost at each stage
| Stage | Typical time | Court fee and costs |
|---|---|---|
| Parole or furlough application through the jail | Decision expected in about four weeks; often longer | No fee |
| Custody parole for a funeral or urgent event | Same day to a few days | No court fee if granted by the jail; small court fee if sought from a court |
| Writ petition in the Delhi High Court after rejection | Listed within about a week; urgent mentioning possible | Small fixed court fee; check the current amount |
| State's reply and decision | 1 to 4 weeks in most parole matters | Lawyer's fee discussed at the first meeting and agreed in writing |
| Release after an order | 1 to 3 days after bonds are furnished at the jail | Personal bond and surety bond as directed |
Documents to gather for a parole application or writ petition
- Copy of the judgment of conviction and order on sentence
- Nominal roll from the jail showing sentence, time served and remission earned
- Conduct report and punishment record for the recent years
- Details of earlier parole or furlough, with dates of release and surrender
- Proof of the ground: hospital records and doctor's certificate, death certificate, wedding card, photographs of damage, or a child's school documents
- Address proof of the family home where the convict will stay
- Identity and address proof of the surety
- Copy of the rejection order and the police report, if obtained
- Status of any appeal or special leave petition pending against the conviction
Custody parole and emergencies
Some situations cannot wait four weeks. When a parent dies or a close relative is critically ill, the convict can seek custody parole: a visit of a few hours under police escort to attend the cremation, see the relative in hospital or be present at a wedding ceremony. The jail superintendent can arrange it in urgent cases, and the High Court can also direct it on an urgent petition. The convict remains in custody throughout and returns the same day.
Regular parole on an emergency ground, such as a death, can be sought even if the usual gap since the last parole has not passed. The application should be marked urgent and carry the death certificate or medical papers. If the authorities do not act in time, the High Court can be approached by urgent mentioning. Our guide on urgent listing and mentioning in the Delhi High Court explains how that works.
For a convict whose own health is the concern, the route is different. Treatment inside prison and referral to a government hospital is the first step. Where the condition is serious and the appeal is pending, suspension of sentence on medical grounds may be the better application. Where the convict is old or terminally ill and has served a large part of the sentence, premature release is worth considering. Our page on premature release and the Sentence Review Board explains that process.
A made-up example: a refused parole and a vague police report
Here's a made-up example. Rakesh is serving a ten-year sentence in Mandoli jail. He has served four years as a convict, has one minor punishment from three years ago and has returned on time from two earlier paroles. His mother in Shahdara has a hip fracture and needs surgery, and his wife has two young children and nobody to help. He applies for six weeks' parole with the hospital papers. The application is rejected after six weeks. The order relies on a police report saying that "the locality is sensitive and release is not recommended", without naming any threat or complaint.
His family files a writ petition in the Delhi High Court with the hospital records, his nominal roll, his record of surrender on time and a copy of the police report. The State's reply adds nothing specific. On facts like these, the High Court may set aside the rejection and direct parole for a shorter period with conditions, such as reporting weekly to the local police station. Another bench on a different record could take a different view, and this example does not predict the outcome of a real petition.
Mistakes families make with parole and furlough
The most damaging mistake is overstaying. A convict who returns a few days late, even with a reason, faces a recorded violation that can bar the next parole or furlough and may affect remission and premature release. If more time is genuinely needed, apply for extension well before the release period ends, with fresh documents, and keep a copy of the application. If the extension is not granted, surrender on the due date.
The second mistake is weak proof. An application for parole to look after a sick parent should carry a recent medical certificate from a hospital, ideally a government hospital, stating the condition and the need for care. A wedding card alone is weaker than a wedding card with a letter from the family and photographs. The third mistake is going straight to the High Court without first applying to the authorities. The High Court generally expects the application to be made under the Rules and decided, or left undecided beyond the expected time, before it interferes.
The fourth is confusing remedies. A convict whose appeal is pending may be better served by an application for suspension of sentence in the appeal, and an undertrial cannot use parole at all. Advocate B.K. Singh usually asks families three questions at the first meeting: whether the trial has ended, whether an appeal is pending, and how much of the sentence has been served. The answers decide which application is worth making.
Tihar, Mandoli and Rohini: practical points for families
Delhi's prisons are run by the Delhi Prisons department under the Delhi Government. Tihar, in west Delhi near Janakpuri, has the largest number of central jails, including the women's jail. Rohini jail in north-west Delhi and the Mandoli jail complex in north-east Delhi house the rest. Convicts are often moved between jails, so confirm where the convict is lodged before sending documents or booking a meeting. Mulaqat (meeting) slots are booked through the prison department's system, and legal interviews with a lawyer are arranged separately.
The jail's welfare officer and the legal aid clinic inside each jail can help a convict prepare a parole or furlough application. If the family cannot afford a lawyer for a writ petition, legal aid is available through the Delhi High Court Legal Services Committee; our guide on free legal aid for Delhi High Court cases explains how to apply. For general background, our shorter guide on parole and furlough for Tihar jail prisoners answers common questions.
When parole or furlough is not the right application
For an undertrial with a family emergency, the right application is interim bail before the trial court or the High Court. Our page on interim bail for medical treatment or a family emergency covers it. For a convict whose appeal is pending in the High Court, an application for suspension of sentence in that appeal may give longer relief than parole; see suspension of sentence during appeal.
For a convict who has served a long part of a life sentence, premature release through the Sentence Review Board is the remedy that can end the sentence, rather than interrupting it. Parole and furlough records feed into that decision, because the Board looks closely at how the convict behaved during earlier releases. That is one more reason to treat every parole and furlough as part of a longer record.
What to do this week
Find out from the jail the convict's nominal roll, conduct record and the date of the last release. Collect proof of the ground for parole, with dates. If an application has already been filed, note the date and keep a copy. If it was rejected, get a copy of the order and ask whether a police report was relied on.
With these papers, a lawyer can tell you whether to apply afresh, seek custody parole in an emergency, or file a writ petition in the High Court. For advice on your papers or updates on the Delhi Prison Rules, contact Advocate B.K. Singh.
Frequently asked questions
What is the difference between parole and furlough in Tihar jail?
Parole is release for a specific family need, such as illness, death or a wedding, and the time spent on parole is added to the sentence. Furlough is a periodic release earned by good conduct after years in prison, and the time counts as part of the sentence. Both apply only to convicts.
Can an undertrial prisoner get parole in Delhi?
No. Parole and furlough under the Delhi Prison Rules 2018 are only for convicts. An undertrial who needs release for an emergency should apply to the court for interim bail or custody parole.
How long does it take to get parole from Tihar jail?
The Rules expect a parole application to be decided in about four weeks, though delays are common. If the authorities do not decide in time, a writ petition can be filed in the Delhi High Court. Urgent cases such as a death in the family can be handled faster.
How much parole can a convict get in a year in Delhi?
The Delhi Prison Rules cap the total parole a convict can get in a calendar year, and there is usually a gap required between two paroles except in emergencies. The exact limit should be checked in the current Rules, as they are amended from time to time.
Can parole be rejected because of a police report?
Yes, but the police report is not final. If the report is vague or gives no concrete reasons, the Delhi High Court can set aside the rejection. A report with specific facts, such as threats during an earlier release, is usually respected.
What happens if a prisoner does not return from parole on time?
Overstaying is treated as unauthorised absence. It can lead to a fresh case, loss of future parole and furlough, and can affect remission and premature release. If more time is needed, an extension must be sought before the parole period ends.
Can the family file a writ petition if parole is rejected?
Yes. A criminal writ petition under Article 226 can be filed in the Delhi High Court against the rejection or a failure to decide. The convict can sign the vakalatnama in jail, and the family can provide the documents and instructions.
What is custody parole?
Custody parole is a short visit of a few hours under police escort, for example to attend a funeral or see a critically ill relative. The prisoner remains in custody throughout and returns to jail the same day. It can be arranged by the jail or directed by a court.