India


Delhi revises prison rules, includes elderly and seriously ill inmates in emergency parole provisions

New Delhi, Nov 13 (UNI) Delhi has revised its prison rules to explicitly include prisoners aged above 70 and those who are infirm or terminally ill among the circumstances warranting consideration of emergency parole, while also amending procedures for police verification and relaxation of surety requirements.
The changes are contained in the Delhi Prisons (Amendment) Rules, 2026, issued by the Home (General) Department on November 4 under powers exercised by the Lieutenant Governor under the Delhi Prisons Act, 2000.
Under the amended Rule 1212A, the government may grant emergency parole for up to eight weeks in a single spell during epidemics, natural disasters and other exceptional situations requiring an immediate reduction in the prison population.
The revised provision explicitly refers to old age involving prisoners above 70 years, infirmity and terminal illness among the circumstances that may warrant consideration of emergency parole.
"The number of spells may be increased if an emergency situation warrants," the notification said.
Emergency parole will remain subject to conditions prescribed by the government, which will also have discretion to determine whether the period spent outside prison should count towards a prisoner's sentence.
The emergency parole provision itself is not new. Rule 1212A was introduced in March 2020 during the COVID-19 pandemic and already permitted emergency parole of up to eight weeks.
The latest amendment revises its scope by expressly referring to elderly and seriously ill prisoners.
The notification also changes procedures for processing parole applications under Rule 1213.
Under the revised procedure, prison superintendents must forward parole applications to the police station where the FIR was registered, the police authorities concerned with the prisoner's last known address and proposed place of stay during parole, and the investigating agency.
Copies must also be sent to the Deputy Commissioner of Police or Senior Superintendent of Police of the district concerned. The police authorities are required to submit their reports within two weeks of receiving the request.
The prison superintendent must also seek a probation officer's report within two weeks of the parole application, with a copy forwarded to the Director of Social Welfare.
The notification further deletes sub-rules (vi), (vii) and (viii) of Rule 1213.
In another amendment, the government has provided a mechanism for relaxing surety requirements for certain convicts.
Under the revised Rule 1219, if a convict cannot furnish the required surety within four weeks of receiving a parole order, the prison superintendent may, on the convict's application, recommend relaxation of the surety condition to the competent authority.
The provision applies to convicts being released on parole for the first time and does not provide automatic exemption from surety requirements.
The amendments are intended to provide greater flexibility in dealing with exceptional circumstances affecting prisoners while maintaining official scrutiny of parole applications.
UNI KK RN
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