INTRODUCTION

Crime is an intentional act or omission in violation of criminal law, committed without

defense or justification, and sanctioned by the laws as felony or misdemeanor. It was decided

in the case of Mohd. Shahbuddin v State of Bihar(CRIMINAL APPEAL NO.591 OF 2010)

that, every criminal act which is done is an offence against the society and it has a greater
effect i.e it is a wrong done more to the society than to an individual. Professor H.L.A. Hart
has asserted that two questions must be answered in the affirmative before declaring an
activity to be criminal. Firstly, whether the activity which offends moral feeling is harmful,
independently of its repercussions on the general moral code? Secondly, whether the whole
moral fabric of the society would go to pieces if the offending act is not made criminal?(Paul
W. Tappan.1960 Crime, Justice and Correction.)
Habitual offenders are those offenders who have a tendency to commit crimes or in other
words a person who has been convicted of criminal behavior and is presumed to be a danger
to society. To protect the society from such habitual offenders several states have enacted
their own state habitual offender’s act which includes their definition and classes of crimes,
under which a person can be declared as a habitual offender , these state legislatures have
also passed special laws regarding their conducts and restricting their movements.
Recidivism can be defined as the tendency of habitual offenders to commit crimes.
Recidivism is a tendency to relapse into a previous condition or mode of behavior; especially:
relapse into criminal behavior. According to the Habitual Offenders Act, a habitual offender
is one who has been a victim of subjective and objective influences and has manifested a set
practice in crime, and also presents a danger to the society in which they live. The Habitual
Offenders are usually hardened criminals whose major part of life has been spent in jails. It is
because they commit offences at frequent intervals and are sent back to jail.

When such criminal and repetitive behavior is shown by a person, that is when he is set free
from the prison after he has served his sentence and he commits a crime such involvement in
crime after the release proves that the purpose of giving him punishment had no effect on him
. There are many causes for such recidivism which are as follows:

1. Unemployment- Unemployment forms one of the major reasons for probation failure
and the increase of the offenders slipping back to the crime culture again.

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 Unemployment inevitably ends up being the cause and effect of recidivism. An
unemployed probationer is unable to meet the probation fees, court costs, etc.,
gradually ending up violating the probation. To seek recourse, he may choose to earn
by engaging in the same illegal means, which gradually results in high recidivism in
offenders.
2. Substance abuse- Influence of drugs and alcohol are the main instruments for the
commission of crime. Most of those people who are heavily dependent on the drugs
seek the route of crime to obtain the money that is required for drugs
3. Criminal history- In 2014, the National Crimes Records Bureau reported that almost
7.8% of the total old offenders were of a kind who had been convicted more than
three times for the same crime or a different offence of the same nature.

4. Seriousness of crime – Those offenders who are involved in crimes such as theft,
burglary, robbery and property theft crimes are most likely to commit recidivism for
the sole reason that the aftermaths of such offenses are not as severe as the serious
offences. This non-violent criminality of the nature of the offense makes it more
likely to lead offenders to continue criminality.

5. Age factor, Gender factor along with the Educational factor- The age, gender and
education of a convict are very relevant to be considered while predicting whether
that person is likely to relapse into recidivism

These all are the main causes due to which offenders are most likely to commit recidivism
and also that these are the factors in which the authorities should also look into before they
come to any conclusion.

In country like India where the number of case of people becoming habitual offenders are
rising day by day, till now Indian Legislature has not come across a constructive solution to
this problem, even though how habitual offenders should be governed and prosecuted can be
seen in different central criminal laws and state criminal laws are there, but none of the above
state or central criminal laws provides for an active solution on how to deal with issue, rather
they all are providing for a cluster of definition for their identification and their punishment.

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The Indian Penal Code: S. 75 provides that if a person is convicted a second time of an
offence punishable, under Chapter X- C, D and XIV of new Code with three years’
imprisonment and upward, he is liable to a greatly enhanced sentence. However it is not
absolutely necessary to impose an enhanced punishment in every case of this description. The
general principle to be applied is that the Section is only meant to be used as a deterrent only
when the provided punishment is considered inadequate in view of the antecedents of the
offenders.

S. 310 of The Indian Penal Code defines a thug as anyone who has been habitually
associated with any other(s) for the purpose of committing robbery or child-stealing by
means of or accompanied with murder; with a punishment of imprisonment for life along
with a sum as fine.

S. 376(e) of The Indian Penal Code was recently introduced which provides for punishment
for repeat offenders for rape or sexual assault which extends to either life imprisonment or
death.

S. 413 of The Indian Penal Code specifically deals with people habitually dealing with
stolen property, punishing them with life imprisonment along with the imposition of fine in
some cases. This section severely punishes the common receiver and dealer in stolen
property. A person cannot be said to be a habitual receiver of stolen goods if he receives the
proceeds of a number of different robberies from a number of different thieves on the same
day. It must be shown that the property was received on different occasions and on different
dates.

Indian Evidence Act: The Indian Evidence Act in its S. 53 and 54gives reliance to the past
character of the accused while prosecuting him. The fact that the accused is of good character
is of great relevance in the trial, but only when the evidence to show that is presented before
the court. Exception 2 to S. 54 provides that a previous conviction is relevant as evidence of
bad character.[Bal Chaturi and Ors v State,(1960)AIR 5, (Guj.)(India)]

The similarities in the various state laws on habitual offenders with regard to the scope and
general scheme of the legislation and its substantive contents suggest that the model Bill had
been the source of inspiration of Legislation on the subject passed by various states after
1952.

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There is a similar pattern which can be observed by looking into these different state Habitual
Offenders act as each of their Acts are divided into 4 equal parts, where in the first part,
definition of the habitual offender is given. The second part deals and describes the procedure
for registration of such habitual offenders along with what procedure is to be followed on the
movements of such habitual offenders. The third part and the fourth parts deals with the
restrictions that are imposed on their movements and provides for corrective measures for the
training of these habitual offenders respectively.

Classes of Habitual Offenders under State Laws, the Habitual Offenders may be
grouped as under:

a. Offenders under Personal Liberty: Offenders guilty of kidnapping or abduction or allied

offences or their aggravations.

b. Offenders tending to disturb the peace and order of the community: Offenders who commit
offences involving breach of peace, either directly or by abetment.

c. Offenders committing offences against property: Offenders committing theft, dacoity, no

use-breaking and allied offences, extortion, cheating, forgery or mischief, etc.

d. Economic Offenders: Offenders who habitually commit offences relating to coins,

government stamps, bank notes and currency notes, offences under laws relating to essential
commodities or laws against hoarding, profiteering and allied subjects, or offences under
laws regulating foreign exchange or laws relating to custom duties.

e. Social Legislation: Offenders who repeatedly transgress the provisions of specified social
legislations, such as laws dealing with beggary, gambling, prohibition, prostitution, protect of
civil rights, or similar anti-social acts that have their genesis in deep-rooted social prejudices
requiring firm action.

These state laws for habitual offenders also includes the punishment in cases where there was
non-compliance on the part of the habitual offender and that The Punjab Habitual Offenders
(Control and Reforms) Act,1952 was the first act on habitual offenders and this act has been
largely followed by other states.

BACKGROUND

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India has been beset with age-old problems of criminal gangs and armed bandits. The
criminal gangs which have lived almost solely on crimes of theft and various offences against
property over several centuries, have achieved a high level of professional and specialized
efficiency in a particular form of crime. Earlier India used to have Criminal Tribes Act 1871
under which if the government felt that some tribe gang or class of people are addicted to the
systematic commission of non bailable offences then on request to the Governor Council of
India such tribes, gangs or class of persons were declared as a criminal gang which was later
repealed by the Habitual Offenders Act,1952 which was introduced by the Central
Legislature after which various state themselves came forward for creation of their own
individual state laws which were aimed to deal with the issue of recidivism in their respective
states.

During the British period, this phenomenon was dealt with by passing and enforcing a special
statute, namely, the Criminal Tribes Act, 1924. However, with the Independence and the
commencement of the Constitution and the incorporation therein of the fundamental rights,
emphasizing the dignity of the individual, it was realized that such discriminative legislation,
labeling an entire tribe as "criminal" cannot be continued on the statute book. Accordingly,
the Act was repealed in 1952. The problem of habitual offenders was sought to be dealt with
by state legislation, addressed not to particular tribes but to habitual off-enders generally.

The Criminal Tribes Act can be said to be the forerunner of the state habitual offenders, laws.
Under section 3 of the Criminal Tribes Act, 1924 if the provincial government had reason to
believe that any tribe. gang or class of persons or any part thereof was addicted to the
systematic commission of non-bailable offences, it was empowered to declare by notification
that such tribe, gang or class or part thereof was a criminal tribe for the purposes of that Act.
Sections 4 to 9 dealt with the registration of members of any criminal tribe or part of a
criminal tribe by the district magistrate. The district magistrate had to publish a notice at the
place where the registration was to be made and other places as he thought fit calling upon all
the members of the criminal tribe to appear at a time and place specified before the person
appointed in that behalf and to give that person such information as may be necessary to
enable him to make the register. The district magistrate was given the power of exempting
any member from registration. After the preparation of the register, no person's name could
be added to the register nor any register cancelled except by or under an order in writing by
the district magistrate.

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The repeal of the Criminal Tribes Act in 1952 simultaneously warranted the need and
attention to think of newer modes to tackle the problem of professionalism in criminal
behavior. The forms and extent of habitual criminality have been changing their dimensions
too. The emphasis on the laws seeking to incorporate preventive measures by way of
detaining pronounced anti-social elements and thus scuttling their designs to engage in the
commission of conventional crimes. Got gradual consideration. Indeed, the laws relating to
preventive detention got constitutional permissibility in 1950. These laws. for preventive
detention in the sense used in Indian constitution law, however, do not directly or principally
aim at dealing with habitual offenders. They are concerned with acts prejudicial to certain
social interests-such as. national security. Public supplies and services essential to the
community.-and (more recently) the conservation of certain economic resources or their
proper distribution. These laws are, however, widely framed so as to permit their utilization
against habitual offenders.

OBJECTIVES

1. What all were the reason behind repealing of The Criminal Tribes Act,1952 and are
there still any such tribes which are labelled as Criminal Tribes in India?
2. Whether the existing Habitat Offenders act provides for an effective procedure for
treatment of Habitual Offenders or not?

RESEARCH METHODOLOGY

The methodology adopted is largely analytical and descriptive. Doctrinal research

methodology has been adopted to tackle and prepare the required theory in the instant paper.
Reliance has been placed largely on secondary sources like books, journals, newspaper
reports, websites and other resources.

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LITERATURE REVIEW

Ahmad Siddique in his work ‘Criminology Penology and Victimology’,7th Edition (2018)
have also admirably tried to define Habitual Offenders and what all are the current laws in
India which are dealing with the same. They also provide a wide and inclusive definition for
the same along with that he has also mentioned what Indian Penal Code’s sections have
stated for habitual offenders.

Anuja Chaudhary in her work ‘Recidivism and Criminology’(2017), gives a detailed

account of what Recidivism is and that what are the possible cause for such recidivism in
India. Her research tries to define what all are the crimes due to which these offenders are
also labeled as Habitual offenders.

Kumar Askand Pandey in his work ‘Penology and Sentencing’(2016), is of this view that
convicts who have served long period of incarceration, often find it difficult to reintegrate in
the mainstream of the society. For a person who has served a long prison term, say for a
decade or more, the world outside may be an entirely new place making it difficult for him to
cope with the changes which he did not see happening. These changes may be technological,
related to public policy, ideals or political. When they find it difficult to adapt to the new
changes, they may relapse in crime to satisfy their needs. Recidivism may, therefore, be a
result of an individual’s struggle to survive in a new social milieu and not because of their
personality or the sentence imposed on them

N.V. Paranjape in his work ‘Criminology and Penology with Victimology’(2017),talks

about Coercive measures that are to be taken in cases of Habitual Offenders and how they are
to be taken so that the society is not at danger these measures can be reporting about the
offenders, reporting about residence and about the restrictions that are imposed on their
movements

Raj Kumar Yadav in his work ‘Concept of Recidivism in India’(2015), argues that
reformative measures of treatment completely fail in case of such offenders. Imprisonment is
the only alternative to prevent recidivists from repeating crime. Also that various state and
jurisdictions may have laws targeting recidivists, and specifically providing for enhanced or
exemplary punishments or other sanctions. They are designed to counter recidivists by
physical incapacitation via imprisonment.

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CHAPTERIZATION

1. In this Research Chapter 1, titled ‘Introduction’, in its various parts, deals with the
meaning of Habitual offender and Recidivism, it also deals with what are the causes
of such recidivism along with what was the law before the Habitual Offenders Act
1952 in India and what are the similarities between different state laws regarding the
Habitual Offenders.
2. Chapter 2, titled ‘Evolution of Law in India’, in its various parts, deals with the
background (i.e. The Criminal Tribes act) and how the law regarding the Recidivism
and Habitual Offenders has evolved in India and what is the current situation of law
existing in our country.
3. Chapter 3, titled ‘Habitual offenders under State laws’, in its various parts, deals
with the similar pattern which is there in the Habitual offenders act of different states
and what all types of crimes are covered under their laws and what procedure is there
for their registration and also what procedure is there for restricting the movements of
Habitual Offenders under different state laws.
4. Chapter 4, titled ’Treatment of Habitual offenders’, it talks about what all measure
are taken for the treatment of Habitual Offenders and by what modes or means their
Behavior can be changed. It also talks about what all measures are taken by different
states for prevention of such Recidivism under their Habitual Offenders Act.
5. Chapter 5, titled ‘Conclusion’, puts forward the meaning and attempts to answer
a)What all were the reason behind repealing of The Criminal Tribes Act,1952 and are
there still such tribes which are labelled as Criminal Tribes in India and b)Whether the
existing Habitat Offenders act provides for an effective procedure for treatment of
Habitual Offenders or not? Along with how the treatment of Habitual Offenders can
be done in a more efficient manner and also that what are the measures that are taken
up by different countries in dealing with this issue of habitual offenders .Along with
the researchers opinions and recommendations regarding the problem which are there
in the research questions.

REFERENCE

1. Box, S. (1987) Recession, Crime and Punishment, London: Macmillan.

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2. Chiricos, T.G. (1987) Rates of crime and unemployment: An analysis of
aggregate research evidence, Social Problems, 34, 187-212.
3. Cune,Mc.(1972) Community based correctional programmes: A survey and
analysis, 12, Vol. 36.
4. Nambiar,M. Bindoo(2007)The Phenomenon of Recidivism- Its implications on
the reformative theory of Punishment in Criminal Jurisprudence, Gandhi
University.
5. Raha ,Swagata. (2013) The Juvenile Justice System in India and Children who
commit serious offences – Recommendations to Justice J. S. Verma Committee.
6. Wolfgang,Marvin, (1963),Criminology and the Criminologist, 54th Journal of
Criminal Law , Criminology, and Police Science.

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