AIR 1984 SUPREME COURT 1334 ::1984 CriAppR(SC) 193 ::1984 CurCriJ 275 ::1984 ChandLR(Civ&Cri) 400 ::1984 (3) SCC 14 ::1984 SCC(Cri) 361 ::1984 (2) RecCriR 140 ::1984 BLJR 107 ::1984 BLJR 348 ::1984 (1) Crimes 914 ::(1984) Pat LJR 48 ::(1984) SC Cr R 259

Supreme Court Of India

Hon'ble Judge(s): O. Chinnappa Reddy, A. P. Sen, E. S. Venkataramiah , JJJ

(A) Bihar Control of Crimes Act (7 of 1981) , S.2(d)— Anti-social element - Definition of - Habitual offender - Alleged incidents constituting different offences and/or if constituting same offence committed after long interval - Detention as anti-social element held invalid. Words and Phrases.Antisocial element.Habitually.Habitual offender; Constitution of India , Art.22(5)— Per Majority (A. P. Sen. J. Contra) In both sub-clauses (i) and (iv) of Section 2 (d), the word habitually' is used. The expression `habitually' means `repeatedly' or `persistently'. It implies a thread of continuity stringing together similar repetitive acts. Repeated, persistent and similar, but not isolated, individual and dissimilar acts are necessary to justify an inference of habit. It connotes frequent commission of acts or omissions of the same kind referred to in each of the said sub-clauses or an aggregate of similar acts or omissions. This appears to be clear from the use of the word 'habitually' separately in sub-clause (i), sub-clause (ii) and sub-cl. (iv) of Section 2 (d) and not in sub-clauses (iii) and (v) of Section 2 (d). Commission of an act or omission referred to in of the sub - clauses (i), (ii) and (iv) and of another act or omission referred to in any other of the said sub-clauses would not be sufficient to treat a person as an 'abtu....