If the parolee derogates from the conditions on which he was released, it results into parole violation and he is liable to be returned to the prison from which he was parolled out. He is then given a ‘parole violation hearing’ and offered every opportunity to defend his case in person or through a counsel.
If he is unable to justify his conduct he is made to complete the unexpired term of his sentence. If he has violated parole conditions by committing a new crime then in that case he shall be tried for the new offence and sentenced accordingly. But, he shall not be committed to parole second time, i.e., while undergoing a term of sentence for his subsequent offence.
The Prisons Act, 1894 expressly provides that if any prisoner fails without sufficient cause to observe any of the conditions on which his sentence was suspended or remitted or furlough or release on parole was granted to him, he shall be deemed to have committed a prison offence under Section 48-A of the Prisons Act, 1894. Such parolees shall be proceeded against under the appropriate law for parole violation.
For the success of the parole system, emphasis must be on supervision as well as guidance and assistance to parolees so as to make the system useful to society in general and to parolees in particular. The parolees must be assured an honourable earning source and favourable surroundings at the time of their release on parole.
For the efficient function of the parole system it would be expedient that the executive functions performed by the Parole Board should be subject to judicial review. For this the Parole Board should assess the suitability of prisoners for release on parole and guide the judges in taking final decision to release on parole.