(..10..)

 Habitual Offenders or Recidivism[1]

          QUESTION BANK

Q.1. What is recidivism? Explain the causes of recidivism. Suggest measures to control it.

Q.2 What is recidivism? Explain the causes of recidivism.

SHORT NOTES

Q.1  Habitual Offenders.

Q.2   Recidivism.      

 I]       INTRODUCTION:-

          Recidivism, in its general connotation, means ‘repetition of crime by a criminal’. Such offenders are called ‘habitual offenders’ or ‘Recidivism’. They are crime repeaters. Thus, the term ‘recidivism’ connotes persistent indulgence in crime by the criminal.

          In America, about 50% of criminals are recidivists; however, the Indian statistic is not of such severe magnitude. It shows a slight decline in recidivism. Severe Acts such as the Maharashtra Control of Organised Crime Act 1999, popularly known as ‘MACOCA’, have contributed to reducing the menace of habitual offenders, specifically organised crimes.

II]         DEFINITION OF RECIDIVISM:-

1) General definition:-

1. a) ‘Recidivism’ means ‘the habit of relapsing into crime despite having administered correctional treatment.’

          In other words, recidivism reflects that correctional therapy has not brought about reformation in the criminal’s mind.

          It shows that recidivism is hardcore and beyond correctional therapy.

1. b) ‘Recidivist’ means the person who repeats or indulges in criminal acts again and again after his conviction for an offence. In other words, an offender who has a long criminal record, a history of frequent convictions and who does not show a positive response to law-abiding is called a ‘recidivist’.

2) The Bombay Habitual Offenders Act:-

          The Act defines ‘Habitual offenders’ means ‘any person who, since he attained the age of eighteen years, during any consecutive period of five years, has been sentenced on conviction, on not less than three occasions, to a substantive term of imprisonment for one or more of the scheduled offences or committed on separate occasion being offences which are not so connected together as to form parts of the same transaction and such sentence has not been revised in appeal or revision.

1. 110 of the Cr. P.C. lays down in detail the term ‘Habitual Offender’ meaning.

III]     CAUSES OF RECIDIVISM:-

          Following are some of the important reasons for recidivism, viz.

1) Psychological Causes:-

          There are two types of psychological causes, viz.

a) Internal causes:-

          Internal psychological causes of recidivism include restlessness, aggression etc.,

b) External causes:-

          External psychological causes include social pressures like poverty, family conflicts, negligence by parents, and lack of opportunity to lead a normal life.

2. Social Causes:-

          Various social causes also lead criminals to recidivism, such as sociological disturbances, inferiority complexions, rivalry, association with criminal groups etc.,  treatment in prison, poverty and frustration etc.,

IV]    Measures to Control Recidivism:-

          Following are some of the measures to control recidivism-

a) Traditional, conventional or classical measures:-

          Following are some of the traditional measures to control recidivism-

1. Infliction of pain and suffering by way of punishment.
2. Penance.

iii. Constant surveillance.

1. Engaging criminals in hard labour during

     imprisonment.

1. Awarding a long period of imprisonment.

b) Modern measures:-

          Following are some of the modern measures to curb recidivism-

1. Psychological treatment.
2. Open jails, probation, parole etc.,

iii. Skill development training in prison.

1. Appropriate rehabilitation after release.
2. Training prisoners with yoga to increase

   moral and ethical qualities among them, etc.,

          In Suresh Chandra V/s State of Gujrat[2]

           The Supreme Court observed that parole has the effect of premature release. It is an accepted mode of incentive for a prisoner as it saves him from extra incarceration and being a recidivist.

          Supreme Court favours rehabilitation rather than avenge[3].

Several Acts in India provide severe punishments to recidivists or second or more-time offenders.

Under I.P.C:-

1. a) S.75 provides enhanced punishment for offences relating to coins, government stamps, and offences against the property after a previous conviction.
2. b) S. 292 provides severe punishment for the second or subsequent offence of the sale etc. of obscene books etc.,
3. c) S. 292 A provides severe punishment for a second or subsequent offence, such as printing grossly indecent or scrupulous material, for blackmail.
4. d) Habitual dealing with a slave is severely punishable under S. 371.
5. e) Habitual dealing in stolen property is severely punishable under S. 413.

          Similarly, the habitual committing of offences under NDPS (Narcotic Drugs and Psychiatric Substances Act 1985) and a subsequent offence under the Arms Act is severely punishable.

*****

[1]  नेहमीची / सततची / वारंवारची गुन्हेगारी

[2] (1976) 1 SCC 654

[3] Justice Krishna Iyer in Mohd. Giasuddin v. State of Andra Pradesh.