Recidivism

What is Recidivism?

Recidivism is the tendency for an offender to engage in repeated criminal behavior. This usually refers to the condition of being convicted for a crime, serving the sentence, and then committing another crime that results in a new conviction and sentence. In criminal cases, we often focus on the past behavior of offenders, assuming they're likely to commit crimes again. Habitual criminality is when someone repeatedly breaks the law, leading to legal restrictions on their behavior. The seriousness of the crimes doesn't matter as much as the pattern of behavior. To reduce crime, we need to address this habit. If rehabilitation isn't possible, limiting the offender's freedoms might be necessary.

There is no universally accepted definition of recidivism. However, Merriam Webster Dictionary defines recidivism as “a tendency to relapse into a previous condition or mode of behavior”, similar to the definition of National Crime Records Bureau i.e. The tendency of relapsing into crimes by the criminals is known as Recidivism. The Washington State Department of Corrections (DOC) has defined recidivism as, “a return to a DOC facility within five years as a result of a new conviction or parole violation by an offender, who either had been paroled or been discharged from such a facility”. Thus, recidivism means return of an offender to criminal behavior following conviction whether the conviction results in incarceration or release on probation etc. Generally, recidivism means reoffending by a person after he or she has been punished and undergone the sentence.

Official Definition of Recidivism

Recidivism as defined in Legislations

Model Prisons and Correctional Services Act, 2023

As per the the Model Prisons and Correctional Services Act, 2023, Recidivist means any prisoner who is convicted for a crime more than once. Also, the act defines Habitual Offender as a prisoner who is committed to prison repeatedly for a crime.

Bharatiya Nyaya Sanhita, 2023

Recidivism, as a term, does not find a mention in the Bharatiya Nyaya Sanhita, 2023. However, the behavioral trait shared by a habitual offender serves as a legal parallel to recidivism within the framework of the Bharatiya Nyaya Sanhita. Hence, it is conceptually relevant for the holistic understanding of recidivism to know more about a habitual offender and the legal provisions surrounding it.

Legal Provisions Relating to Recidivism

Punishment Across Various Crimes

Repeat offenders often face harsher punishment, as it is believed that previous penalties were not sufficiently deterrent. Section 13 of BNS (Section 75, IPC) mandates that if a person has already been convicted by an Indian court for an offence under Chapter X (related to offences relating to coin, currency-notes, bank-notes and government stamps) or Chapter XVII (related to property offences) of the Bharatiya Nyaya Sanhita, and the punishment for that offence was three years or more, then if the same person commits another offence under either of these Chapters with a similar punishment, they will face harsher penalties for the repeat offence. Specifically, for each such subsequent offence, the person may be punished with imprisonment for life, or with imprisonment up to ten years, depending on the circumstances.

Section 317(4), BNS (Section 413, IPC) provides that if a person habitually buys, sells, or handles property that they know or have reason to believe is stolen, they can be punished with imprisonment for life or imprisonment for up to ten years, along with a fine. Similarly, Section 310(6), BNS (Section 400, IPC), provides that if a person is a associated with a gang formed with the intention of habitually committing dacoity (armed robbery by a group), he/ she shall be punished with imprisonment for life or rigorous imprisonment for up to ten years, along with a fine.

Section 143(6), BNS (Section 370, IPC) provides that if a person is convicted of the offence of trafficking of a child on more than one occasion, then such person shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, and shall also be liable to fine (as against first-time offenders who face seven to ten years of imprisonment). Furthermore, Section 71 of BNS (Section 376-E) stipulates that for subsequent rape offenses, the subsequent convict shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Procedural Nuances

Section 35 of Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 41 of Criminal Procedure Code) provides the arrest of the habitual offender without an arrest warrant. Further, Section 129 of BNSS (Section 110, IPC) says stipulates the requirement of bond (to show cause why he should not be ordered to execute a bail bond) for his good behavior for such period as a security for good behavior from habitual offenders.

Section 43 of the Bharatiya Nagarik Suraksha Sanhita allows police officers to use handcuffs when arresting individuals involved in serious crimes such as habitual or repeat offenders, escapees, organized crime, terrorism, drug-related crimes, illegal possession of arms, murder, rape, acid attacks, counterfeiting, human trafficking, sexual offenses against children, or offenses against the State.

Recidivists and habitual offenders are placed under constant surveillance. Section 394(1) of BNSS (Section 356 of the Code of Criminal Procedure, 1973) allows a competent court to order notification of a convict’s residence for up to five years while State governments may make rules for this notification. Habitual offenders may also be required to execute a bond for good behavior for a maximum of three years and the state laws must adhere to constitutional rights.

Recidivism as defined in Case Laws

Mohan Parmanand Khatri v. Shri M.G. Ingle [2003]

As defined in Mohan Parmanand Khatri v. Shri M.G. Ingle [2003], “Habit connotes that a person should be committing such acts recurrently so as to allow a reasonable person of reasonable prudence to come to a reasonable conclusion that he is in the habit of committing such acts. Stray incidents would not permit legitimate inferences or conclusions of "habit”. “Habit" indicates that the person should be addicted to the commission of such acts and it should be his habit to omit such acts”.

Govind v. State of MP [1975]

In Govind v. State of MP [1975], the Supreme Court upheld regulations for surveillance, including domiciliary visits, on suspected habitual criminals. The Supreme Court, in this regard, held that:

It is only persons who are suspected to be habitual criminals and those who are determined to lead a criminal life that are subjected to surveillance. Further, it states that only persons who are suspected to be habitual criminals who will be subjected to domiciliary visits.

International Experience

Norway

In Norway, recidivism is low due to a progressive approach focused on rehabilitation, shorter sentences, community-based alternatives to prison, and restorative justice principles. This emphasizes education, therapy, and vocational training in prison, along with community support upon release. The system aims for reintegration over punishment, resulting in lower rates of reoffending compared to other countries.

United States

Recidivism rates in the U.S. are some of the highest in the world with almost 44% of criminals released returning to prison within their first year out. Different states in the U.S. have different ways in which they measure recidivism - states also vary in how they rehabilitate inmates and support their reintegration into society, which affects recidivism rates.

Netherlands

Netherlands, lauded for its social liberalism, emphasizes resocialization and community integration for prisoners. Dutch criminal justice assesses crimes on a scale, considering factors like mental illness. This approach leads to lower reoffending rates and reduced prison populations. Decreasing crime rates and innovative justice practices have even led to prison closures, with surplus spaces leased to other countries.

Canada

Canada's framework prioritizes housing, education, employment, health, and support networks for offender reintegration. Transitional housing addresses post-release instability. Technology and literacy skills are crucial, with efforts to modernize infrastructure. Community employment reduces reoffending, especially for women. Early access to medical services is vital post-release. Positive support networks during incarceration reduce recidivism. The framework evolves through engagement, implementing innovative projects to reduce reoffending.

Appearance in Official Databases

Prison Statistics India Report 2022

As per the Prison Statistics India 2022 released by National Crime Records Bureau (NCRB), a total of 2,471 convicts were habitual offenders/recidivists which accounted for 1.9% of total convicts (1,29,009) admitted during the year 2022.

National Crime Records Bureau

According to the data released by NCRB in 2015, The share of recidivists among all offenders increased to 7.8% during 2014 as compared to 7.2% in 2013. In 2011 and 2012, the rate of recidivism remained static at 6.9% as reflected in the following graph:

Rate of recidivism in India from 2010 to 2014

The data also analyzed the frequency of repeat offending in the year 2014 and found that 79.4% recidivists were convicted once while the figure stood at 16.2% and 4.4% for the recidivists who were convicted twice and thrice respectively. It means that the rate of recidivism lowers with the frequency of conviction as shown in the following graph:

Frequency of Repeat Offences

Research that Engages with Recidivism

Open Prisons and Recidivism [National Criminal Justice Reference Service, 1982]

The study, ‘Open Prisons and Recidivism’ by Werner Ruether and Wolfgang Neufeind, posits the idea that open prisons work towards potential reduction of recidivism. It is emphasized that the prison settings that facilitate convict reintegration, such as open prisons, are notably successful in lowering recidivism rates.

Recidivism among Prisoners in Tihar Jail and Contributing Factors: A Qualitative Study [National Law University Delhi, 2018]

The study, 'Recidivism among Prisoners in Tihar Jail and Contributing Factors: A Qualitative Study', authored by S. Manikandan & K. Jaishankar, examines recidivism factors among repeat offenders in Tihar Jail, New Delhi. Data collected through in-depth interviews with prisoners revealed key contributors: substance abuse, financial instability, unemployment, poor living conditions, lack of parental supervision, societal non-acceptance, peer pressure, migration, early school dropout, broken relationships, lack of rehabilitation, and stigmatization.

The Effectiveness of Correctional Rehabilitation: A Review of Systematic Reviews [Annual Review of Law and Social Science, 2007]

The article, "The Effectiveness of Correctional Rehabilitation: A Review of Systematic Reviews", authored by Mark W. Lipsey & Francis T. Cullen, advocates for the notion that correctional interventions significantly influence recidivism rates upon offenders' release. While punitive measures often exhibit limited efficacy or even exacerbate reoffending, rehabilitation programs consistently demonstrate positive outcomes. However, the underutilization of effective rehabilitation strategies in practice underscores a substantial disparity between research findings and implementation within correctional systems.

Follow up Study of Released Offenders on Their Reformation & Rehabilitation [Bureau of Police Research & Development, 2010]

The study titled "Follow up Study of Released Offenders on Their Reformation & Rehabilitation" by Dr. Deepti Shrivastava further promotes research in cause of recidivism. The research works towards finding out the extent and causes of recidivism among offenders and hypothesizes that offenders who settle down after release have better family background than those who turn to be recidivists. Overall, the study contributes to a deeper understanding of the factors associated with recidivism and offers a foundation for future research in this area.

Way Ahead

The tendency for an offender to engage in repeated criminal behavior, remains a critical concern in our criminal justice systems. Despite various measures taken, its persistence demands a multifaceted approach. We must move beyond traditional punitive measures, focusing instead on individualized treatment and rehabilitation. Through education, therapy, vocational training, and community support, we can work towards the reintegration of offenders into society, reducing recidivism rates. Drawing lessons from international experiences, particularly from countries like Norway, the Netherlands, Canada, and others, we can develop effective strategies to address recidivism and build safer communities.

Related Terms

Rearrest

Rearrest refers to the act of taking a person into custody again after they have been previously arrested, typically due to new allegations or charges against them, a violation of bail conditions, or failure to appear in court.

Reconviction

Reconviction refers to the situation where an individual who has previously been convicted of a crime is found guilty of committing another offense after having served their sentence for the initial conviction.

Reimprisonment

Reimprisonment refers to the situation where an individual who has previously been incarcerated for a criminal offense is returned to prison due to a violation of the terms of their release or parole.