Habitual Offenders Laws



Published on 10 Oct 2025

  • The Union government disclosed that "habitual offender" laws remain active in 14 States and Union Territories, despite the Supreme Court's recent concerns about their misuse against denotified tribes (DNTs). 

  • These laws have colonial origins, notably the Criminal Tribes Act (CTA) of 1871, which labeled certain communities as inherently criminal

  • A habitual offender is a person repeatedly convicted of crimes, often subject to stricter surveillance or penalties under special laws

  • Although the CTA was repealed in 1952, it was succeeded by the Habitual Offenders Act (HOA) 1952, perpetuating biases against DNTs. 

  • Following the repeal, the communities previously identified as "criminal tribes" were reclassified as "denotified, nomadic, and semi-nomadic tribes" (DNTs, NTs, SNTs)

  • The HOA, 1952 shifted the focus from classifying entire communities as prone to crime to identifying individuals based on their criminal records

  • Various committees, including the Criminal Tribes Act Enquiry Committee (1949–50) and the B.S. Renke Commission (2008), have criticized these laws for reinforcing stigma. 

  • In October 2024, the Supreme Court deemed such classifications "constitutionally suspect" and urged states to reconsider their continuation.

Keywords:

Habitual Offenders Laws Habitual Offenders denotified tribes DNTs Criminal Tribes Act CTA Renke Commission Unity in diversity