Extension of the Bombay Habitual Offenders Act, 1959 to Himachal Pradesh Dt. 20.02.1963

MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 20th February, 1963 CS.It. 32'!.—In exercise of the powers conferred by section 2 of the Union territories (Laws) Act, 1950 (30 of 1950), the Central Government hereby extends Co the Union territory of Him&ehal Pradesh, the Bombay Habitual Offenders Act, 1359 (Bombay Act Mo. LXI of 1959) as at.present in force in the State of Maha­ rashtra, subject to (he following modifications, namely: — Modifications In the said Act,— 1. for the expression "State Government", wherever it occurs, the expression "Lieutenant Governor" shall be substituted and there shall also be made in any •sentence in which 'that expression occurs such consequential amendment as the ryS'.'s of grammar mzy require; 1 in section I, for sub-section (2), the following sub-section shall be substi­ tuted, namely;—. "(2) It extends to the whole of the Union territory of Kimachal Pradesh."; 3. in section %— fj) clause (c) shall be omitted; (ii) for clause (d), the following clause shall be substituted, namely: — '•(d) "District Magistrate" means a District Magistrate appointed under section 10 of the Code;' fin) after clause (e), the following clauses shall be inserted, namely; *(eej "Lieutenant Governor" means the Lieutenant Governor of Himaeh'l Pradesh; (eee) "Numbordar" means a numbRrdar referred to in clause (21) o£ section 4 of the Himach-id Pradesh Land Revenue Ac* 193S (Himachal Pradesh Act 6 of 1954); • 1JM <eeee) "OlCScial Gazette" means the Himachal Pradesh Gazette;'; iiv) for clause (i), the following Clause S&all be substituted, namely:— 'CO "Superintendent of Police17 moans the Superintendent nf Poller ftta includes any person appointed by the Lieutenara Gov tor £» perform the duties of ;i Superintendent of Police under this Act** ft; in sections 7, 8 and 14, Cor the word ''State'*, wherever it ueestrs ;V -.•„.(. -TjVim. territory of Himachal Pradesh" shall ' substituted; " ** S in mffim IS, the words upm&fi 9&U at rillafe watchman'' • . tjj • smtUed- * .action U, m**mm m 0 I f f * * 23 and section 27 shall he omitted. . ,-w, J *#* ictw ns Bartended to the ®M&ii territory 5$ * W +n -make better provision for the treatment and training iSeath Year of the Eepublic of India as lomnm. I • * • • > - PRELIMINARY Bombay Habitual Offenders Act, 1959- (2) tt extends to the whole of the Union territory of Himachal Pradesh. (9) It du l l come into force « * * & date as,the Lieutenant Governor may, by ^if icat ion in the Official Gazette, appoint. 2, Definitions.-!* this Act, unless the context otherwise requires.- i (a) "Code" means the Code of Criminal Procedure, 1S98 (V of 1898?; . fhl -corrective settlement" means any place established, approved or m certified as a corrective settlement under Sechan-,1^._. t Cd) "District Magistrate" means a District Magistrate appointed unde* section 10 of the Code; (e) "Habitual offender" means any person who, since his attaming the age of eighteen years,— t o g e t e a^ to form parts at the same transaction, and ^ (il) such sentence has not been reversed in appeal or revision; under detention shall not be taken into account; fee) "Lieutenant Governor- means the Lieutenant Governor of ^ Himachal Pradesh; Pradesh Act 5 of 1.954); v'eeee) "Official Gazette" means the Himachal Pradesh Gazette; m "prescribed" moans prescribed fr? rules made under this Act; tcred under this Act; (h) "scheduled offence" means an offence spVcMed in the- Schedule or an cuence analogous thereto; (i) "Superintendent at Police" means the Super in tendent of Police and includes any person appointed by the Lieu ten ririt pOvenior* tb' perioral the duties of a Superintendent of Police under ffit-s Aat- CHAPTER II REGISTRATION OP HAEITUAL OFFENDERS AND BES'ZBICTION OF THEIR MOVEMENTS 3. Power of Lieutenant Governor to direct registration of habitual offenders — The Lien ten ant Governor may direct the District Magistrate to make 'a regisisj fcf habitual offenders within his district, by entering therein the names and othou r, scribed particulars of such offenders. 4. Procedure /or preparing- a register of habitual offenders.—For the purpose o* carrying out the direction given under section 3, the District Magistrate or any officer appointed by bim in this behalf shall, by notice in the prescribed form to be served m the prescribed manner, call upon every habitual offender in th« district—- (a) to appear before him at a time and place specified in the notice; (b) to furnish such information as may be necessary to enable him to enter the name and other prescribed particulars of the habitual offender in the register; and (c) to allow the finger and palm impression, foot-prints and photographs of the habitual offender to be taken: Provided that the name and other prescribed particulars of a habitual offender Ehal not be entered in the register, unless he has been given reasonable oppor­ tunity of showing cause why such entry should not be made. 5. Charge of register and alternations therein.—(I) The register shaH be placed m the keeping of the Superintendent of Police of the district who 'shall from time to time, report to the District Magistrate any alternations which ou^ht in his opinion, l;o be made therein. ' ** (2) After the register has been placed in the keeping of the Superintendent ftf Poace no fresh entry shall be made in the register, nor shall any entry be cancelled, except by or under, an order in writing of the District Magistrate. 6. Power to takn finger and palm impressions, foot-prints and photoaraphs at any f me.—The District Magistrate or any office appointed bv him in this behalf may at any time order the finger and palm impressions, foot-prints and photo­ graphs, of any registered offender to be taken. 7 Registered offenders to notify change of residence and to report themselves — •1 Every registered offender shall notify to such authority, and^in s u c T manneT -= may be prescribed, any change or mtended change of his ordinary residenqe; Provided that where such offender changes, or intends to channe hl^ nrriimr-r residence to anotner district (whether within the Union territory of r l imachil Magistrate1" &3t) he shall notify the change or intended change to the Distri?! (a) report himself once in each month, or where the District Maaistrafc* for reason specified m the order ao directs more frequently to <?uch autkonty, and m such manner, as may be specified in the order; (b) notify any ab-en«e or intended absence from his ordinary resMerie* to the aforesaid authority: Provided that the District Magistrate may exempt :my such offend <r from notifying any absence or mtended absence from his ordinaW r e s i d u e for -nr'i period, and under such conditions, as to him appear reasonably Offend^ to other * * * ^ T ^ ? J M w i K the Union territory of femachal orhnary residence, to another district g T .. h m oft ndW is VBfrM*Z Ttf-<istrate cf the first district shalL « m « tSnSrtdara of the registered offender th ro the r district with the name and « ^ J * £ g * £ ? EJ b'e- Informed of the Setis' if any, which may, have been WWDI*W d l s t ric.t; and upon the receipt oE such information tne u i s n i c «£=& ri anv register in the Union t e i u t o i y o i ^ ™ a thereunder shall apply to hrm as if ' „ , Notwithstanding the eancelleUon 0 - t a ^ « > ? ^ S i scheduled offences at any time a"*• " ^ . e c g f t " r a t i 0 „ shall, unless earher can- ™^t- a t ion convicted of one or moie # > & * S S ™ g registration or re-registra- i„ the case 01 continuation „ff™dera —U) H in the opinion of ,', p„u.cv to rwtrirt - « » « ' " « ' % 0 ' : : ° ° f So8 ' d i£ n the interests of. the general • n ; i ' ; - ! : I- -y em whether the r -?iste^d 6<ffen&£ fellows any lawful occupat on and commission of crime; (c) the; suitability, of tha area .to which his movements are to be restricted; and are likely to be, availabie therefor. (D A copy of the order shall be served on the registered offender in the pre*- cribed manner. to in section i). 12 Pot^r to cancel or alter restriction* ^ ^ " ^ ^ t ^ t ^ ^ ^ ^ nor may, by order, cancelany order made vU&n section U, or alter any . r e a sped tied in an order under that section: Provided that before waking such order, the Lieutenant -Governor shall consider the S S referred to in sub-section &) of section If in so ta r a , they may n Powers under sect ion 11 and 12 also exercisable ascertain ^Magistrates.— powers under tha t section of the Code. . ,, ( 2 ; A Magistrate acting under section H or 12 shall J ^ a g g j ^ S an thf procedure laid down m section, i n , 113, 114, 113 and 117 of Ihe C O M tor order reqLuring security for good behaviour; Provided that the order In writing referred to in section 112 of the Code shall, in addition to setting forth (he substance of the information received, state the S r t ! not? exceeding toee years, during which the order of restriction shall be in force. m Where the Lieutenant Governor has already made an order under section i l fer'od by tbis a c t i o n in respect of the same habitual oiTemler, during any pe^od in which the order of the Lieutenant Governor is in force. CHAPTER III C DIRECTIVE TRAINING OF HABITUAL OFFENDERS 14 &tebfefen*Rt of corrective sett'merits - C D . For the purpose of f a c i n g there- (P *n-h habitna1 o lenders as are directed to receive corrective trainmg under this K r S t r t f t o in 1he Union territory of tlimaohal. Pradesh a. many corrective settle- (2) The Lieutenant Governor mav also approve or certify any privately managed in.timt.imi (whether known a settlement or otherwise) us a corrective settlement fnr the purposes of this Act. 15 Pnv^r to direct habitual off&id rrs ts receim cerreetive t ra in ing—(1) Where in,- Lieutenant Governor is tisiied from the report of the District Magistrate or otherwise that it is exoedienl v Itti a '; #r ft> the reformation o a registered Qffen- ! • ind the rirevM.it.ira of crime, thai the registers"?! offender should receive train- | r l„ ,,,: a , n-recH » character Cor s ;ul tPPtial iftriod. the Lieutenant Governor may by%rder in vrrifing direct that the re [stared ifTeader shall receive training of a r-^rrertive fha rade r free >ur!i p ; I " : ! :ng the duration of his registration or ro-registration as may be sp fitted In the order. (2) Where a habitual offender, who is not mure than forty year:; of age,— (a! h tenvicled ,. ti punishable with imprisonment, or ~r , (b) is required in pursuance of section 110 of the Code to execute a bond for his good behaviour, and the court or the Magistrate is satl fled from the evidence in the case and other materials on record that it & expedient with a view to his reformation and the prevention o t O T that he should receive training of a corrective character tor a substan­ tial period, the court or the Magistrate may, m lieu o± sentenc ng to for such offence or, as the case may be, requiring him to execute sucn bond, direct that he shall receive corrective training for such term_xs not less than two nor more than five years, as the Court or the Magis­ trate may determine. m Before giving any direction under sub-section (1) or sub-section (2) the Lieutenant Governor, the court or the Magistrate, as the case may be, shall— (a) consult the officer prescribed on the capacity of the corrective settlements to receive the habitual offender, (b) take into consideration the physical and mental condition of the offender, and his suitability for receiving corrective training m a corrective set­ tlement, and (c) give a reasonable opportunity to the offender to show cause why such direction should not be given. (4) A habitual offender, in respect of whom a direction to receive f*™&™ t ra inin- has been made, shall be placed in a corrective se tlament for the term of I S training and while in such settlement shall be treated in such manner and receive such training as may be prescribed. 16 Power to transfer or discharge from corrective se t t lement--The Lieutenant Governor, or any officer authorised by him in this behalf, may & W J g » 5 c ^ d e r m writing direct any habitual offender who may be in a corrective settlement and accordingly he shall be so transferred or, as the case may be, discharged.. CHAPTER IV PENALTIES AND PROCEDURE 17 Penalty for failure to comply with certain provisions of the Act.—A ^ i t i i a l offender who without lawful excuse, the burden of proving which shall he upon him.-— (a) fails to appear in compliance with a notice issued under section 4, or (b) intentionally omits to furnish any information required under that sec- 1 } tion or furnishes as true any information which he knows, or has reason to believe, to be false or does not believe to be ..rue, or fc) refuses to allow his finger and palm impressions, foot-prints and photo- graphs to be taken by any person acting under an rrdar passed under section 6, or tm fails to romnly with the provisions of sub-section (1) oC section 7 or with an order of the District Magistrate under sub-section (2) thereof or with an order under section 11, may be arrested without warrant, and shall be punished— (i) on first conviction, with imprisonment for a term which may extend to six months or with fine which may extend t 0 two hundred rupees, or with both, and fin on a second or subsequent conviction, with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees, or with both: Provided that, if the cour t after taking into consideration the offender's age and physical and mental condition and his suitability for receiving training of a corrective character in a corrective set dement, is satisfied that i t is expedient with a view to his reformation and the prevention of crime H-iat he should receive frainin^ of P corrective character for a substantial period th« court mar . in lieu of sentencing the oftsraew m to any punishment under this section, direct, after giving him an oppor­ tunity ot showing cause (and after consulting the officer prescribed on the capacity ot the corrective settlements 10 receive him> that he siiiill receive corrective training in a corrective settlement for such ler.n not exceeding three years, as it may determine. 18. .Arrest of parsons found oiusids restriction area or corrective settlement.—• If any person-— (a) is found outside the area to which his movements have been restricted in contravention oil the conditions under which he is permitted to ie&v* such area, or (bj escapes from any corrective settlement in which he is placed, he may be arrested without warrant by a police officer and taken before a Maytstraie who on proof of the facts, may order him to be removed to such area or to such corrective settlement, there to b * dealt with in accordance with this Act and the rules made thereunder, 19. Enhanced punishment for certain previously convicted persons.—(1) Who­ ever, being a person in respect of whom a direction has been made under section 11 t.. ^-LUUU 1a, ana navmg Deen convicted of any of the scheduled olTences falling under Par t I of the schedule, is convicted of the same or of any other scheduled offence falling in that Par t shall, on conviction, be punished with imprisonment for life cr with1 imprisonment for a term which may extend to ten years. (2; Nothing in this section shall affect the liability of such nerson to ?ny further or other punishment to which he may be liable under the Indian Penal Code {XLV of 1-380J or any other law, 20. Punislunent for certain registered offenders found under suspicious circumstances.—Whoever, being a person in respect of whom a direction has been made under sec'ion 11 or section 15, is found in any place under such circum­ stances as to satisfy the court— (a) that he was about to commit, or aid in the commission of, iheft or robbery, or <b) that he was making preparation for committing theft or robbery, shall, on conviction, be punished with imprisonment for a term which" may extend to three years, and shall also be liable to a fine which may extend to one thousand rupees. 21. Penalty for failure to arrest a habitual offender,—* * " * CHAPTER V MISCELLANEOUS 22. Bar of jurisdictian.~No court shall question the validity ot any direction or order issued under this Act. 23. Bar of legal proceedings.—No suit, prosecution or other legal p roceed ing shall he against the Lieutenant Governor or any person for anything which is lai gooa faith done or intended to be done under this Act. r*J4.- Parl"erJ0 ^legate--The Lieutenant Governor may. by notification i n tba Official Gazette, direct that any power exercisable by hirn under this Act excent the power under section 25 may also be exercised subject to such conditions M any) a. may he soecL^d in die notification, by such officer not below the r a n i of a District Magistrate as may be specified therein, • !!• P^eT 1 tn„maJte rules.—{[) The Lieutenant Governor may, by notification in the Official Gazette, make rules for carrying out the p u r p o s e of this Art (2) [n particular, and without prejudice to the generality of the fore^ofe* :iower such rules may prov.de lev ail or any of the following mat J r s n a m e l y : - fa) the form of notice under section -t and the manner to Vflic1! m-'i notice may fcw «u-u-i .KI^JI A * cA of section 7; <d> the nature of rfrttfeJJOM L° be reserved by. registered $k&8*4 whose movements have been restricted; US the s-ant of certificate of identity to registered tftosAv* « « inspection of such certificates; the are;, to which their movements h » ^ ^ , * J f - settlements; fh) 'he vKJtttng. management, control and supervision of corrective• ?r\ne- ° } n V n S including the discipline a«d conduct of persons placed H-e ein. CD the conditions for, ^ d the manner of. approving-or certifying, privately managed settlements; ()) thy appointment or non-official visitors for corrective settlements; tv\ the renditions and circumstances under which members of the family m of %"haS offender may be permitted to stay with faun to » eo r rec tiva sat dement; Act; <m> any other matter which is to he or may- ho prescribed under this A r t rw In maMns rules under this Act the Lieutenant Governor may provide lb J a & S & ^ m £ of the rules shall be punishable with fine whicn may extend to one hundred rupees. m Sivinas —Nothing in this Act shall affect the powers cl gay competent £ 4 ? - l £ ; shall be d e ^ e d to be inoperative while the order under such law remains in force. THE ScitESuxE r XLV oi 1360 Offences under the Indian Panel Code. CHAPTER XII Sections 232 Counterfeiting Indian ebltt, 233 Making or welling-instrument for counter i l e i t i s coin. 234 Making or selling instrument for counterfeiting Indian coin. 235 Possession of instrument Or material for the p u r p o ^ & using the same for eoun forfeiting coin. r.jg Delivery &i "^n possessfeJ with knowledge that it is counterfeit. Section's 240 Delivery of Indian coin, possessed with knowledge that it is counterfeit. 242 Possession of counterfeit coin by person who knew it to be counterfeit when he became possessed thereof. 243 Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof. CHAPTER XVI 304 Culpable homicide not amounting to murder, 307 Attempt to murder. 303 Attempt to commit culpable homicide. 311 Being a thug. 324 Voluntarily causing hurt by dangerous weapons or means. 325 Voluntarily causing grievous hurt . 32S Voluntarily causing grievous hurt by dangerous weapons or means, 327 Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act. 328 Causing hurt by means of poison, etc., with intent to commit an offence. 329 Voluntarily causing grievous hurt to extort property, or to constrain to an illegal act. 332 Voluntarily causing hurt to deter public servant from his duty. 333 Voluntarily causing grievous hurt to deter public servant from his duty. 347 Wrongful confinement to extort property, or constrain to illegal act. 365 Kidnapping or abducting with intent secretly and wrongfully to confine person, 366A Procuration of minor girl, 36GB Importation of girl from foreign country. 3(38 Wrongfully concealing or keeping in confinement, kidnapped or abducted person. 369 Kidnapping or abducting child under ten years with intent to steal from its person. CHAPTER XVIJ 379 Theft. 380 Theft in dwelling house, etc. 382 Theft after preparation made for causing death, hur t or restraint in order to the committing of the theft. 334 Extortion. 385 Putting person in fear of injury in order to commit extortion. 386 Extortion by putting a person in fear of death or grievous hurt. 387 Putt ing person in fear of death or of grievous nuri , in order to commit extortion. 392 Robbery. 3i>3 Attempt to commit robbery. 394 Voluntarily causing hurt in commit ting robbery. 335 Dacoity. ' Robbery or dacoity, with attempt to cause death or grievous hurt . 393 Attempt to commit robbery or dacoity when armed with dea/?iy weppon. 339 Making preparation to commit dacoity. 400' Belonging to a g&njg o£ ctacoif4 401 Belonging to a gang of Saieves, 302 Assembling for purpose of committing dacoity. Assisting in concealment or stolen property. Section's 451 House-trespass in order to commit offence punishable with imprison­ ment. , , , . , 452 House-trespass after preparation for hurt, assault or wrongful restraint . 453 Lurking house-trespass or house-creaking. 454 Lurking house-trespass or house-breaking m order to commit offence punishable with imprisonment. 455 Lurking house-trespass or house-breaking alter preparation for hurt , assault or wrongful restraint. 456 Lurking house-trespass or house-breaking by night. m Lurking house-trespass or house-breaking by night in order to commit offence punishable with imprisonment. 458 Lurking house-trespass or house-breaking by night after preparation for hurt , assault, or wrongful restraint. 459 Grievous hurt caused whilst committing lurking house-trespass or house- Afin Ml oersons jointly concerned in lurking house-trespass or Souse- breaking b>° night punishable where deaih & grievous hurt caused by one of therm JI Sections A. Living on the earnings of prostitution.