L. M. S.

LAW COLLEGE, IMPHAL

DHANAMANJURI UNIVERSITY

INTERNAL ASSESSMENT PAPER 2021

OF
SUBJECT: CRIMINOLOGY

UNDER THE TOPIC:

“Prevention of Recidivism in India”

Submitted to: Submitted by:

DR. S. PRAMODKANTA SINGH A. ATHUO LUKE
Associate Professor LL.M 3rd Sem.
L.M.S Law College, Imphal DMU Roll No. 1958001
 ACKNOWLEDGEMENT

I hereby express my deepest gratitude towards the subject expert of

“Criminology”, DR. S. PRAMODKANTA SINGH (Associate Professor)
who gave me the golden opportunity and the freedom to explore on my own
on the wonderful assignment topic of “Prevention of Recidivism in
India”. It has helped me in gaining the necessary information regarding the
processes involved in writing research paper and it further improved my
knowledge in the area of the subject.

I would like to express my special gratitude towards my classmates of

L.M.S. Law College, Imphal, who provided insight and support that greatly
assisted in the completion of this assignment.

I am glad and truly blessed to wholly complete this Assignment on time.

Thank You.

I
 CONTENTS

Acknowledgement …………………………………..I
Contents …………………………..………II
List of Abbreviation …………………………………..III
List of cases …………………………………..III
Abstract …………………….…….………IV

Prevention of Recidivism in India

Chapter 1
Introduction ………………………………..…1
Chapter 2
What is Recidivism …………………………………..2
Chapter 3
India and Recidivism ………………………………..…3
Chapter 4
Causes of Recidivism ………………………………..…4
Chapter 5
Prevention of Recidivism ………………………………..…7
Chapter 6
Conclusion ………………………………..…11

Bibliography ………………………………..…12

II
 LIST OF ABBREVIATION

AIR All India Records

CrPC The Code of Criminal Procedure

Ed. Edition

IEA The Indian Evidence Act

ILR India Law Reports

IPC The Indian Penal Code

NCRB National Crime Records Bureau

Ors. Others

p. Page

pp. Pages

Prof. Professor

SC Supreme Court

SCC Supreme Court cases

SCR Supreme Court Review

v. Versus

Vol. Volume

LIST OF CASES

1. Asfaq v. State of Rajasthan and Ors. AIR 2017 SC 4986.

2. Bai Chaturi v. State AIR 1960 Gujarat 5v 47 C2.
3. Bhona v. Emperor, ILR 38 Calcutta 408.
4. Govind v. State of Madhya Pradesh, AIR (1975) 2 SCC 148.
5. Sunil Batra v. Delhi Administration, AIR 1980 SC 1579.

III
 PREVENTION OF RECIDIVISM IN INDIA

Abstract:
When criminals continually commit crimes, it makes India, and the world at large, a
more dangerous place. That said, a better question to ask is who is responsible to
correct recidivism? The immediate answer is the individuals who commit the crimes.
However, the real answer is much more complex than that.

Penal law and theory generally "addresses itself to two types of criminals: ‘First
Offenders’ and ‘Habitual Offenders’ or ‘Recidivists’. Those in the latter group have
been referred to as failures for two reasons: firstly, they have failed to alter their
previous behavior and make an adequate adjustment upon returning to society;
secondly, society has failed with them in terms of its efforts at correction, treatment,
and rehabilitation. The traditional method of dealing with the recidivist has been to
increase the punishment- "increasing the dosage of a medicine which failed to cure
when administered in small quantities". Indeed, upon conviction for a crime, a
person with prior convictions will often be subject to recidivism. It is the purpose of
this project to examine the theory and operation of these laws in an attempt to point
out their faults and to suggest means for their re-evaluation in its attempt to prevent
recidivism.

Keywords : Recidivism, Recidivists, Habitual offender, Crimes, Criminals,

Rehabilitation.

IV
 Chapter 1 : INTRODUCTION
Criminality is something the modern world is forced to cope with, in every
realm of its existence as it is characterized by increasing stressors and conflicting
interests in states. As the world is said to be advancing scientifically and
technologically, we find newer, and at times ingenious, expressions of crime and
aggression. There is drastic surge in destruction of both private and public property,
and a huge escalation in the crimes of violence against the right of another
individual/citizen. Criminals overtime tend to develop a chronic criminal behaviour
leading to numerous arrests and re-imprisonment.

The term ‘recidivism’ connotes this persistent indulgence in crime. A

‘recidivist’ or a person habitually addicted to crime is one who is a criminal by habit
or by disposition formed by the repetition of crimes. Various state and jurisdictions
have developed laws targeting recidivists, and to specifically provide for enhanced
or exemplary punishments or other sanctions on them. They are designed to
counter recidivists by physical incapacitation via imprisonment.

As of June 2020, the United States had the highest number of incarcerated
individuals worldwide, with more than 2.12 million people in prison, followed by China,
Brazil, the Russian Federation, and India.1 India, with a population of about 1.83 billion
people, has a prison population of India (including pre-trial prisoners) around 473,000
reported on 31/12/2019 (by the National Crime Records Bureau (NCRB), under the Ministry
of Home Affairs) according to the National Prison Portal website.2 This statistic shows that
India does not face mass incarceration problem, however it is of vital importance to keep a
check on recidivism problems.

The crux is that the criminal population is made up largely of those for whom
criminal behaviour has become habitual; moreover, penal institutions appear to help
little to change their basic behavioural patterns. So therefore the state has to resolve
and try to develop a new way to control recidivist or enhance the previously
inculcated means to control and reduce the habitual offenders.

1Retrieved from https://www.statista.com/statistics/262961/countries-with-the-most-

prisoners/ visited on 27/03/2021 at 16:13.
2Retrieved from https://www.prisonstudies.org/country/india visited on 26/03/2021 at

13:50.

1
 Chapter 2 : WHAT IS RECIDIVISM?
The term “recidivism” is derived from the Latin word “recidīvus” (recurring),
from re- "back" and cadō “I fall". The infinitive recidere means “to fall back” (re -
“back” & cadere - “to fall”). Thus, recidivism is the tendency to relapse into a previous
condition or mode of behaviour; especially: relapse into criminal behaviour.3 The
habit of relapsing into crimes by the criminals is known as ‘Recidivism’ and
‘Recidivist’ is a person who relapses into crime again and again.

Recidivism, in a criminal justice context, can be defined as the reversion of an

individual to criminal behavior after he or she has been convicted of a prior offense,
sentenced, and (presumably) corrected.4

Recidivism as a theoretical construct is a fairly simple idea: Some people will

re-offend after they have been convicted, treated, and/or punished for a crime.
Numerous quantitative studies have documented the extent of reoffending
throughout the country, while various theoretical perspectives have demonstrated
that it is a vital component to understand criminal justice. 5

In Bhona v. Emperor,6 it was also observed that: “A single instance of theft

would account for little or nothing. There must be at least two or more cases against
the same individual to show habit”.

The effect of prison or jail sentences on recidivism is an important issue to

those concerned with public safety and the cost-effectiveness of putting convicted
offenders in prison. Opinions are divided between those advocating longer
sentences in the interest of public safety, and those advocating shorter sentences
with the assumption that incarceration, or longer prison terms, will not reduce
recidivism rates.

3
Retrieved from www.merriam-webster.com/dictionary/recidivism visited on 24/03/2021
at 18:10.
4
Retrieved from https://studylib.net/doc/25268010/recidivism visited on 24/03/21 at 17:09.
5
Retrieved from https://marisluste.files.wordpress.com/2010/11/recidivism.pdf visited on
24/03/2021 at 17:15.
6 ILR 38 Calcutta 408.

2
 Chapter 3 : INDIA AND RECIDIVISM

Statistical Account : Recidivism in India is reflected in the data collected

and collected by the National Crime Records Bureau (NCRB) every year. According
to the data released by NCRB in 2019, a total of 6,756 convicts were habitual
offenders/recidivists which accounted for 3.6% of total convicts (1,88,765) admitted
during the year 2019, which, compared to other countries, is low; however,
recidivism still continues to pose a challenge. States reporting highest share of
habitual offenders to convicts admitted during 2019 were Mizoram (45.4%), Delhi
(32.4%), Nagaland (12.2%), Meghalaya (10.7%) and A & N Islands (9.8%). The above
calculation is based on convictions only. Repeat offenders among undertrials have
not been taken into account.7
Statutory Provision : In Criminal Procedure Code, Section 41 provides
the arrest of the habitual offender without arrest of warrant and Section 110 says
about the requirement of bond as a security for good behaviour from habitual
offenders. In Indian Penal Code, Section 413 provides the provision relating to the
persons who deal in stolen property habitually, Section 310 has provisions relating
to thugs. In Indian Evidence Act, Section 53 provides that in criminal proceedings,
the fact that the person accused is of a good character is relevant. Section 54
Previous bad character not relevant, except in reply. In criminal proceedings the fact
that the accused person has a bad character is irrelevant, unless evidence has been
given that he has a good character, in which case it becomes relevant. In Bai Chaturi
v. State8, evidence of general bad repute is a type of evidence of general bad
character.
Other provisions relating to the habitual offenders : In various
statutory enactments, provisions have been made by our legislature to deal with the
habitual offenders in The Arms Act, 1959, The Immoral Traffic (Prevention) Act, 1956,
The Protection of Civil Rights Act, 1955, The Air (Prevention and Control of Pollution)
act, 1981 and The Water (Prevention and Control of Pollution) Act, 1974.

7 Prison Statistics India 2019 Published By : National Crime Records Bureau (Ministry of
Home Affairs) Government of India. Available at
https://ncrb.gov.in/sites/default/files/PSI-2019-27-08-2020.pdf visited on 26/03/2021 at
21:38
8 AIR 1960 Gujarat 5v 47 C2.

3
 Chapter 4 : CAUSES FOR RECIDIVISM
The personality of recidivists and social factors underlying recidivism being
complex, the real problem confronting penologist is the proper identification of
criminals for rehabilitative processes and assessment of the extent of effectiveness
of these risks of this treatment methods. Experience has shown that certain criminals
are “better risks” for rehabilitative processes, while others may not respond favorably
to the original modes of treatment.9

The reasons that people reoffend varies and the degree to which any
particular factor may cause someone to commit another crime is unclear,
nevertheless the following list discusses about why offenders return to criminal
practices.

I. The Prisons:
In Sunil Batra v. Delhi Administration10, the condition of prisons has been
portrayed thus: “For years and years, prisoners don’t see a child, a woman or even
animals. They lose touch with the outside world. They brood and wrap themselves
in angry thoughts of fear and revenge and hatred; forget the good of the world,
kindness and joy.

When someone first gets incarcerated, they may have been associated with a
limited social circle of amateur criminals, however prison offers a network of career
criminals that could further their criminal prowess. If an inmate is not actively
resisting criminal tendencies and trying to rehabilitate him or herself, they may learn
more about how to become a better criminal and, upon release, return to a life of
crime. This return to crime typically ends up with another arrest as roughly 68
percent of former inmates get arrested within their first three years of release. 11

9 Prof. N. V. Paranjape : Criminology & Penology with Victimology, Fifteenth Ed. Reprinted
2012, p. 617
10 AIR 1980 SC 1579.
11 Retrieved from https://www.occupy.com/article/prison-recidivism-causes-and-possible-

treatments#sthash.AEBZEE1K.dpbs visited on 26/03/2021 at 23:07.

4
II. Inappropriate Punishment:

One of the objects of punishment is to deter the convict from reoffending.

Towards this end, punishment should be proportionate to the seriousness of crime.
If the criminal sanction is too lenient, it fails to make people understand their extent
of wrongdoing. On the other hand, if the punishment is too harsh, it may cause
offenders to fall apart from the norms of the society and may lead to reoffending.
Sometimes punishments may be inappropriate for the type of offence or offender,
for example a substantially long prison term for a first time young offender in lieu
of an alternative sanction such as probation.

III. Lack of reintegration opportunities:

Convicts who have served long period of incarceration, often find it difficult
to reintegrate in the mainstream of the society. These changes may be technological,
related to public policy, ideals or political. When they find it difficult to adapt to the
new changes, they may relapse in crime to satisfy their needs. Recidivism may,
therefore, be a result of an individual’s struggle to survive in a new social milieu and
not because of his personality or the sentence imposed on him.

IV. Incorrigibility:

Some convicts may not be responsive to reformatory and rehabilitative

programmes and choose to go back to their criminal ways. Exact reasons for
incorrigibility are not known but heredity may play a role in recidivism. Researches
have proved a very high positive correlation of bad hereditary, especially of inherited
psychopathy and recidivism.12

For example, white collar criminals and cyber criminals, though well educated,
technology savvy and highly intelligent commit lucrative crimes like Tax evasions,
corruption, bribery, cyber frauds and intellectual property related offences
repeatedly even after they have been found guilty of such offences on previous
occasions.

12Harman Mannheim : Group Problems in Crime and Punishment, (Oxon: Routledge, 1998
reprint).

5
V. Materialistic way of life and peer pressure:

The modern world is driven by capitalist ideals and material gains. The denial
of opportunity to attain wealth and financial stability leads them to employ
illegitimate means of achieving them. In this way, recidivism occurs as a result of
failure of an individual to cope up with the materialistic cravings. Young offenders
are especially prone to peer pressure and may reoffend due to social influences
outside of the criminal justice system.

VI. Mental health, drug abuse and unemployment:

Mental issues abound in prisons. Without proper treatment these issues will
carry over into when the inmate is released. The mental illness may also be due to
biological reasons or induced by substance abuse. It is observed that schizophrenia
is the most common disorder followed by depression and adjustment disorder
found in prisoners. 13 However, drug addicts are more likely to relapse in drug related
crime such as possession, pedaling and substance abuse. Drug abuse and recidivism
create a vicious circle and a cobweb making it very difficult for the convict to refrain
from reoffending due to their addiction.

Further, ex-convicts are not employed by both the government and private
companies. The lack of employment options leads to lack of finance which further
leads former inmates into desperation which finally leads back to crime. The lack of
employment, negative social stigmas, and lack of support upon release can put
inmates into a deeper state of depression and lead to desperate attempts to repeat
the crime.

13 Prison mental health in India 2018 Vol. 34 issue 3 p. 193-196 : Review by Syed Rabiya,
Vijaya Raghavan, Schizophrenia Research Foundation. Available at
https://www.indjsp.org/article.asp?issn=0971-
9962;year=2018;volume=34;issue=3;spage=193;epage=196;aulast=Rabiya
visited on 27/03/2021 at 15:45.

6
 Chapter 5 : PREVENTION OF RECIDIVISM
Although, it is quite pertinent to mention that the criminal justice system of
India is not facing major problems with regards to recidivism, yet it is of vital
importance to contain recidivism. For centuries it was believed that crime could be
effectively controlled by inflicting severe punishment or penalties on the offenders,
particularly the recidivists so that they would be made to realize their guilt, repent
and pay for a crime and at the same time could be restrained from repeating crime
in the future. However, Criminologists have realized the futility of this conventional
approach to crime and criminals. Penologists today advocate individualised
treatment of offenders where criminal is the prime focus of correctional system. In
this method, criminality is regarded as an outcome of social disorder which can be
cured only by individualised treatment of offender by adopting an attitude
conducive to the re-socialisation and reformation of the criminal within the
community itself through an intensive treatment and after-care program14. Some of
the measures which may be suggested for suppressing recidivism are as follows:-

1. The modern correctional methods of treatment of offenders: It essentially

involves classification of criminals into different categories so that accordingly they
can be adequately punished or sent to an appropriate institution. From this point of
view of possibility of offenders turning into recidivists, they may be classified into
the following categories. This classification rests of the responsibility of the criminal
to his acts.:-

i) Innocent convicts: Innocent convicts are those who are convicted and imprisoned
due to erroneous or misguided judgement of the law court. Such persons should be
dealt leniently because by nature they prefer to avoid the company of recidivists and
hardened criminals.

ii) Insane criminals: The insane criminals, on the other hand, commit crime due to
certain mental disorder and are considered irresponsible to their crime. They are
therefore, suited to clinical methods of treatment and consultation of
Physiotherapist rather than penal servitude.

14 Supra Note 9, p. 625

7
iii) Criminals by accident: They are also called situational criminals as they are not
habitual or professional offenders but lend onto criminality by chance. Their crime
is never premeditated but results from momentary inclusiveness or soothing
opportunity in which the offender finds himself paced incidentally. For Example, sex
offenders. Penal servitude and rehabilitation would be best measure for such group.

iv) Occasional criminals: These offenders are the ones most likely to turn recidivists
if not properly handled. Therefore, they should be treated carefully and cautiously.
The crimes committed by occasional criminals are often well planned and pre-
meditated but these criminals do not accept criminality as a profession. The
treatment of such occasional offenders should depend on their psychological and
psychiatric conditions.

v) Habitual offenders: A habitual offender or a person habitually addicted to crime

are the person who have embraced criminality as a mode of life and commit crime
with boldness and courage. Reformative measures of treatment completely failed in
case of such offenders. Imprisonment and surveillance after serving sentence is the
only alternative to prevent habitual offenders from repeating crimes. One example
of a habitual offender statute is a provision requiring the revocation of a driver's
license for a person convicted multiple times of driving under the influence. 15

vi) White collar criminals: Sutherland defines white-collar crimes as “a person of

the upper socio-economic class who violates the criminal law in the course of his
occupational or professional activities”.16 They are seldom detected or if detected,
hardly punished. Moreover, there is no social condemnation for such white collar
criminals. The remedy suggested for repressing white collar criminality is to award
severe punishment to white collar criminals through stringent laws.17 The prevention
of Corruption Act 1988, The Prevention of Money Laundering Act 2002 and the
Essential Commodity Act 1955 read with IPC should be harmoniously interpreted in
a strict manner and stringent action should be initiated to discourage such practices.

15 Asfaq v. State of Rajasthan and Ors. AIR 2017 SC 4986

16 Ahmad Siddique : Criminology 5th Ed. 2005, Publisher Eastern Book Company, Lucknow.
17 Supra Note 9, p. 626

8
2. Increased prison security and continued surveillance of recidivists:

Recidivists should be kept in prisons equipped with maximum security

arrangements. They should be under constant surveillance so that society is fully
protected against such miscreants. Habitual offenders may also be liable to execute
a bond, with sureties, for their good behaviour for a period not exceeding three
years.18 Prison is not only the place for a convict to serve his or her sentence, but
also a place from where he should come out as a law-abiding individual desisting
from crime.
In Govind v. State of Madhya Pradesh, validity of Regulations 855 and 856 of
the Madhya Pradesh Police Regulations made by the Government under the Police
Act, 1861. Regulation 855 provides that where District Superintendent of Police
believes that a particular individual is leading a life of crime, and his conduct shows
a determination to lead a life of crime that individual’s name may be ordered to be
entered in the surveillance register, and he would be placed under regular
surveillance.19

3. Adequate Rehabilitation and After–Care Treatment

The key to reform of a prisoner is the opportunities of his rehabilitation and

reintegration in the society. After-care of convicts is essential to prevent reoffending. When
prisoners are discharged, they are confronted with multifarious problems, such as
stigmatization, social neglect, financial handicaps and so on. Therefore, it is of vital
importance to develop after-care service as an essential requisite in the correctional
field.

Many state laws dealing with habitual offenders or recidivists focus on

corrective training for them. Yoga has been a part of such a routine in several Indian
prisons. In 2015, authorities of Tihar jail offered certificate courses in yoga training,
so that they can get suitable jobs as trainers after their release from the jail. Research
by Osmania University in Telangana suggests that programmes like yoga and
education drastically reduce the chance of convicts committing criminal offences
after their release.20 This would inculcate hope, self-confidence and self-respect in

18CrPC, Section 110.

19 (1975) 2 SCC 148.
20 Retrieved from https://www.orfonline.org/expert-speak/institutionalising-yoga-in-jails-

to-reduce-recidivism-rate-55401/ visited on 26/03/2021 at 13:01

9
the offender, which would enable him to adjust himself to the conditions of normal
life in society.

4. Management and control of psychological and social aspect in recidivists:

Dr. Walter Reckless, has suggested that there are two major factors which
contribute to recidivism. They are psychological aspects and social pressures.
According to him, psychological desires or propensity, such as restlessness and
aggression might be internal limits which drive a person towards recidivism. Further,
the external factors which may push a person towards criminality and repetition of
crime would be social pressures, such as poverty, family conflicts, lack of
opportunities etc.

Roshia Bob (1989) claims that the factory accountable for recidivistic tendency
in criminals may be countered by inculcating in them the element of affection, status,
autonomy, security, and self-consciousness, which may dissuade them from
committing crimes.21

5. Need for Amendment in the Lengthy Criminal Trials

Last but not the least, unduly lengthy procedure of criminal trial should be
suitably amended to secure summary conviction of recidivists and hardened
offenders. Speedy trials and punishment can further be effective in putting a check
on the offender reaping undue benefit of his criminal act. His immediate conviction
after the incidence of crime shall act as a sufficient deterrent to dissuade him from
repeating crime.

The need of the time therefore, demands that law courts must take notice
of the psychology working behind a modern ‘criminal’ and award punishments
which may suit the individual offender and also with the society to meet the ends of
criminal justice. Punishment as a form of incapacitation seems inevitable in case of
recidivists but it should not be unduly harsh, barbarous or cruel in nature, else it will
have an adverse effect on the offender.

21
http://14.139.58.147:8080/jspui/bitstream/123456789/132/1/15LLM12.pdf
visited on 25/03/2021 at 21:59.

10
 Chapter 6 : CONCLUSION
There is no denying the fact that recidivism is a vital component in
understanding the criminal justice in India although the rate of recidivism is not
alarming. The chief merit of imposing an increased sentence lies in the fact the
offender is temporarily removed from society. If in fact isolation is a major purpose
of recidivism laws, then the recidivists are nothing more than a custodial problem.
However, it is difficult to imagine increased punishment as a rehabilitative device
when one considers that offenders will be detained in the same system that has
failed to rehabilitate them during their first incarceration. It would be improper to
impute the failure of rehabilitation entirely to the penal system, but to deny that it
has shortcomings is equally naive.

Therefore Prison term spent by a convict as part of his sentence should be

used in imparting industrial training and development of skills to help them cope
with the modern world outside the prison. Indeterminate sentences should become
norm whereby prisoners earn their release by showing significant improvement in
their behaviour and not merely because their determinate prison term has come to
an end. Education inside the prison should be holistic and individualised. Reducing
recidivism involves the education of the inmates, psychotherapy and skilling them
for meaningful employment opportunities after the end of their sentence. It is also
important to understand that drug addicts and psychopaths require an entirely
different kind of rehabilitation programmes and should be treated differently from
ordinary recidivists. Providing convicts with means to a regular livelihood after their
release is the most effective method to reduce the rate of recidivism. Yoga training
for jail inmates is being increasingly adopted by several western countries as it made
them calmer, less violent and positive towards life. The application of training in the
discipline of yoga would provide them with tools for future employment.
Additionally, yoga provides the strength to deal with the drastic transition of
environment as they leave prisons and integrate with the outside world.

A crime committed by an offender with a previous criminal record should

prompt examination concerning why previous treatment has failed and what can be
presently done for the offender. Achieving a zero rate of recidivism may be a utopian
ideal but with certain measures, rate of recidivism can certainly drop.

11
 BIBLIOGRAPHY
6. Ahmad Siddique : Criminology 5th Ed. 2005, Publisher Eastern Book Company,
Lucknow.
7. Barnes and Teeters : New Horizons in Criminology, (3rd Ed.) Volume 22, Issue 1,
October 1943.
8. George B Vold : Theoretical Criminology, New York, Oxford University Press,
(1958).
9. Harman Mannheim : Group Problems in Crime and Punishment, (Oxon: Routledge,
1998 reprint).
10. Herman Manheim : Comparative Criminology, Vol. II Publisher : Routledge Kegan
Paul (January 1, 1965).
11. Prison mental health in India 2018, Vol. 34, issue 3, p. 193-196 : Review by Syed
Rabiya, Vijaya Raghavan, Schizophrenia Research Foundation.
12. Prison Statistics India 2019, Published By : National Crime Records Bureau
(Ministry of Home Affairs), Government of India.
13. Prof. N. V. Paranjape : Criminology & Penology with Victimology, Fifteenth Ed.
Reprinted 2012.
14. en.wikipedia.org
15. enotes.com
16. indjsp.org/article
17. marisluste.files.wordpress.com
18. merriam-webster.com
19. ncrb.gov.in
20. occupy.com
21. orfonline.org
22. prisonstudies.org
23. statista.com
24. studylib.net
25. Asfaq v. State of Rajasthan and Ors. AIR 2017 SC 4986.
26. Bai Chaturi v. State AIR 1960 Gujarat 5v 47 C2.
27. Bhona v. Emperor, ILR 38 Calcutta 408.
28. Govind v. State of Madhya Pradesh, AIR (1975) 2 SCC 148.
29. Sunil Batra v. Delhi Administration, AIR 1980 SC 1579.

12