Habitual Criminal - Law Dictionary Search Results
Home Dictionary Name: habitual criminalHabitual criminal
Habitual criminal, A person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be a continuity in the commission of those offences, Ayub Pappubhan Navab Khan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti Social Activities Act (16 of 1985), s. 2(c)]. See PREVENTIVE DETENTION.A person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be continuity in commission of those offences, R. Kalavathi v. State of Tamil Nadu, (2006) 6 SCC 14: (2006) 6 JT 69: (2006) 6 SCALE 385: (2006) 5 Supreme 116: (2006) 5 SLT 321: (2006) 6 SCJ 69: (2006) 7 SCJD 583: (2006) 8 SRJ 57: (2006) 3 SCC (Cri) 11: (2006) 3 Crimes 7 (SC): (2006) 2 JCC 1185: (2006) 3 Recent CR...
habitual criminal
habitual criminal : one convicted of a crime who has a certain number of prior convictions for offenses of a specified kind (as felonies) and is thereby under some statutes subject to an increased penalty (as life imprisonment) ...
habitual criminal law
habitual criminal law : a law that imposes greater penalties if a convicted defendant has previously been convicted of one or more crimes NOTE: Some such laws have been challenged on the ground of violating the prohibition on cruel and unusual punishment in the Eighth Amendment to the U.S. Constitution or on the ground of being an ex post facto law. ...
Habitual Criminals Act
Habitual Criminals Act (English) (32 & 33 Vict. c. 99. By this Act power was given to apprehend on suspicion convicted persons holding licence under the Penal Servitude Acts, 1853, 1857 and 1864. The Act was repealed and replaced by the Prevention of Crimes Act, 1871. See that title....
Preventive detention
Preventive detention. By the (English) Prevention of Crime Act, 1908 (8 Edw. 7, c. 59), s. 10, as amended by the (English) Indictments Act, 1915 (5 & 6 Geo. 5, c. 90), a person after three previous convictions after attaining sixteen years of age, can with the consent of the Director of Public Prosecutions, R. v. Waller, (1910) 1 KB 364, in certain cases be charged, R. v. Smith, (1910) 1 KB 17, with being an habitual criminal, and if the charge is established, he can, in addition to a punishment of penal servitude, receive a further sentence of not less than five years or more than ten years, called a sentence of preventive detention. During such detention the Secretary of State has power to let the person out on licence, if he is satisfied that there is a reasonable probability that he will abstain from crime and lead a useful an industrious life, or that he is no longer capable of engaging in crime. Unless the offender admits he is an habitual criminal the jury must determine whether...
Habitually
Habitually, a person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be a continuity in the commission of those offences, Ayub Pappu Nawabkhan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti-Social Activities Act, 1985, s. 2(c)]The word 'habitually'connotes some degree of fre-quency and continuity. It requires a continuance and permanence of some tendency, something that has developed into a propensity, that is, present from day-to-day, Stroud's Judicial Dictionary, Fourth Edn., Vol. 2, p. 1204, Vijay Narain Singh v. State of Bihar, AIR 1984 SC 1334 (1338): (1984) 3 SCC 14: (1984) 3 SCR 435.Means 'usually' and 'generally', Mustakmiya Jabbar-miya Shaikh v. M.M. Mehta, Commissioner of Police, (1995) 3 SCC 237.Would mean repeatedly or persistently and implies a thread of continuity stringing ...
Prevention of Crimes Act, 1871
Prevention of Crimes Act, 1871 (English) (34 & 35 Vict. c. 112). This Act, which was amended by the Prevention of Crimes Act, 1879 (42 & 43 Vict. c. 55), and which repeals and replaces the Habitual Criminals Act, 1869, provides for the keeping of a register of criminals, and the photographing of all persons convicted of crime with a view to their identification, and for subjecting to the supervision of the police persons who have been twice convicted of crime, and for the amendment of the law with regard to licences under the Penal Servitude Acts. See also PREVENTIVE DETEN-TION; BORSTAL INSTITUTION; and PENAL SERVITUDE....
recidivist
recidivist : an habitual criminal recidivist adj re·cid·i·vis·tic [ri-si-də-vis-tik] adj ...
Habitual
Habitual, means repeated several times. Management of Monghyr Factory of I.T.C. Ltd. v. Presiding Officer, AIR 1978 SC 1428 (1434): (1978) 3 SCC 504: (1978) 3 SCR 1044.The expression 'habitual' would mean repeatedly or persistently and implies a thread of continuity stringing together similar repeated acts. An isolated default of rent would not mean that tenant was a habitual defaulter, Vijay Amba Das Diware v. Balkrishna Wamon Dande, AIR 2000 SC 1414 (1416): (2000) 4 SCC 126. (Rent Control and Eviction)A habitual offender or a person habitually addicted to crime is one who is a criminal by habit or by disposition formed by repetition of crimes, Dhanji Ram Sharma v. Supt. of Police, AIR 1966 SC 1766 (1767). [Punjab Police Rules, 1934, R. 23.4 (3) (b)]Means constant customary, addicted to a specified habit. In other word it would mean repeatedly or persistently and implies a thread of continuity stringing together similar repeated acts, Advanced Law Lexicon, 3rd Edn. by P. Ramanatha Aiy...
career offender
career offender : a habitual or repeat criminal ;esp : an offender with two or more prior convictions for violent or drug-related crimes called also career criminal NOTE: Under federal sentencing guidelines career offenders are given maximum sentences. ...
- << Prev.
- Next >>