Prisoners convicted for sedition, rape, offences under POCSO Act, ineligible for release on furlough

Prisoners, who have been convicted for offence of sedition /act endangering sovereignty, unity and integrity of India and rape, those convicted for offences under the Protection of Children from Sexual Offences (POCSO) Act, 2012, are among those ineligible to be released on furlough. The State government has recently notified the Tamil Nadu Prisons (Release on Furlough) Rules, 2026.

Convicted foreign prisoners, prisoners convicted for offences under Sections 19, 20(ii)(c), 21(c), 22(c), 23(c), 24 and 27A of the Narcotic Drugs Psychotropic Substances Act, 1985, prisoners, who have been involved in prison offences, such as assault, outbreak, riot, mutiny and escape during the past five years are also ineligible to be released on furlough. “No convict prisoner shall claim furlough as a matter of right,” the rules read.

A convict prisoner is eligible for furlough if he/she has completed 10 years of imprisonment and his/her conduct during the period of incarceration has been satisfactory. The eligibility for furlough would be assessed individually, having regard to the nature of offence, past criminal record, behaviour during imprisonment and compliance of the conditions of earlier temporary release, if any.

The Director General may grant furlough for a period not exceeding 60 days in a year. The government may sanction furlough for a further period upto 60 days for reasons to be recorded in writing, if it is considered necessary in the interests of rehabilitation. “The period spent by the convict prisoner on furlough shall be counted towards his sentence.” The period of furlough shall be reckoned for computation of sentence, remission of sentence; and consideration for premature release or other statutory benefits, wherever applicable. The convict prisoner shall remain under the supervision of the police or probation officers during the furlough period.

Furlough may be revoked at any time by the Director General or by the government. In case of overstay or breach, the convict prisoner may be arrested without warrant; and furlough may be denied in future. The government may, in case of medical ailments, old age or for any other reasons to be recorded in writing, exempt any person from any of the provisions of these rules, the rules said.