Enhanced Punishment for Habitual Offenders By

   Karmanpreet kaur*

The two goals of the Indian sentencing and punishment system are crime prevention/reduction and offenders' reformation. The courts have been allowed much of latitude in sentencing because it is their responsibility to impose a term that is appropriate for the offence and the offender by taking into account the intended punishment and the constitutional rights of detainees.

 The tendency of relapsing into crimes by the criminals is known as Recidivism. The Criminal Procedure Code allows for two different types of preventive actions against persistent offenders. In accordance with Section 110, security may be taken in exchange for their good behaviour, and in accordance with Section 565, they may be required to live under police observation for up to five years in the event that they are found guilty of certain offences.

 According to Section 75 of the Indian Penal Code, 1860, a person who has previously been convicted of an offence punishable by three years or more in jail under Chapter XII or Chapter XVII of the Code is liable for significantly increased sentences.

 Section 376 E of the IPC lays down that whoever has been previously convicted of an offence punishable under section 376 or section 376A or section 376AB or section 376D or section 376DA or section 376DB, and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person’s natural life, or with death.

Similarly, in the offence of Voyeurism and Stalking under section 354C and 354 D respectively, the offender is liable for enhanced punishment on subsequent convictions.

 Repeat offences should however not be confused with double jeopardy since the former involves repetition of the same or similar offence by the offender unlike the latter. Enhanced punishments aim to create deterrence for the offenders in the interest of justice.

* Student of Final Year B.A.LL.B , Panjab University, Regional Centre , Hoshiarpur