Recidivism In India: A Socio-Legal Study

Shubhangi Mishra, Amity Law School, Noida, AUUP

ABSTRACT

To ensure public safety, create a just society, and assist in the rehabilitation of offenders, it is imperative that crime be controlled and recidivism be decreased. Enacting and upholding laws, rules, and procedures that deter potential offenders, punish offenders, and prevent criminal conduct constitute effective crime regulation. Those who repeat the illegal activity for which they were initially punished are referred to as recidivists. They are not the same as repeat offenders. For example, a person is referred to as a recidivist if they have been convicted of a murder and then do the same crime again after being punished. On the other hand, a habitual offender is someone who commits crimes on a frequent basis. Recidivists are frequently characterised as violent, antisocial, and unconcerned with other people's welfare. These are the individuals who have accepted crime as a way of life and bravely commit crimes. These criminals seem to have fewer prospects of rehabilitation because they commit crimes with premeditation and malice. For them, incarceration is the only remaining option to keep them under constant observation and stop them from committing crimes again. Public safety, prevention, justice and fairness, restoration, a decrease in social and financial expenses, community well-being, preventing vigilantism, and personal accountability and responsibility would all benefit from recidivism regulation. The main determinants of recidivism rates are summarised in this document, including access to rehabilitation, mental health, substance addiction, socioeconomic position, and family support. In addition, it looks at structural injustices in the criminal justice system and assesses how well treatments work to lower recidivism.

Keywords: Recidivism, Criminal Justice, Habitual Offender, Crime