Criminal Tribes To Habitual Offenders: Historical Roots Of Legal Framework In India
- IJLLR Journal
- 1 day ago
- 1 min read
Hobalaiah, Research Scholar, University Law College, Dept of studies in Law, Bangalore University, Bengaluru
Prof. (Dr) Suresh V Nadagoudar, Senior Professor of Law, University Law College Dept of Studies in Law, Bangalore University, Bengaluru and Research Guide.
ABSTRACT
This paper analyses the historical roots of the law relating to habitual offenders and the concept of criminal tribes in India, the role of the colonial policies that targeted the whole tribal community as criminals by birth. The British rulers introduced the idea of “Criminal Tribes” Through the enactment of the Criminal Tribes Act 1871, which targeted specifically some communities and castes as inherently criminal. This Act serves as the foundational framework for the current laws relating to Habitual Offenders in India. This law pertains to individuals who repeatedly commit crimes. It has been used to identify and monitor individuals with a history of recurrent criminal behaviour who pose a danger to society. After the enactment of the Indian Constitution, the Criminal Tribes Act of 1871 was repealed from the central Act. Currently, the laws relating to repeat offenders are governed by laws enacted in various states in India, which replace the title “Habitual Offender” with “Criminal Tribes”. However, discriminatory or targeting mindsets still exist in the police administration system. This study focused on the concept of Criminal Tribes and analysed the roots, current situation, and judicial trends regarding Habitual Offenders in India.
Keywords: Habitual Offenders, Criminal Tribes, Recidivism, Crime, Criminal Law.
