The Rajasthan Habitual Offenders Act, 1953

S.4 Power to take finger and palm impressions etc.

The District Magistrate or any officer appointed by him in this behalf may at any time order the finger and palm impressions, foot-prints and photograph of any registered offender to be taken]

S.5 Registered offenders to notify residence and to report themselves.

-(1) Every registered offender shall notify to such authority and in such manner as may be prescribed any change or intended change of his ordinary residence: Provided that where such offender changes or intends to change his ordinary residence to another district (whether within the State or not) he shall notify the change or intended change to the District Magistrate.

(2) The District Magistrate may, by order in writing, direct that any registered offender, shall-

(a) report himself once in each month or, where the District Magistrate for sufficient reasons specified in the order so directs, more frequently to such authority and in such manner as may be specified in the order; and

(b) notify and absence or intended absence from his ordinary residence to the aforesaid authority: Provided that the District Magistrate may exempt any such offencer from notifying any absence or intended absence from his ordinary residence or s

S.6 Power to restrict movements of registered offenders.

[6.Power to restrict movements of registered offenders.-(1) If in the opinion of the State Government, it is necessary or expedient in the interest of the general public so to do, the State Government may, by order direct that any registered offender shall be restricted in his movements to such area and for such period not exceeding three years as may be specified in the order.]

(2) Before making any such order the State Government shall take into consideration the following matters, namely-

(a) the nature of the offences of which the registered offender has been convicted and the circumstances in which the offences were committed;

(b) whether the registered offender follows any lawful occupation and whether such occupation is conductive to honest and settled way of life and is not merely a pretence for the purpose of facilitating commission of offences;

S.7 Corrective settlements.

(1) The State Government may, by notification in he Official Gazette, establish and maintain in the State as many corrective settlements as it thinks fit for the purpose of placing therein such offenders as are directed to receive corrective training under this Act.

(2) The State Government may also approve or certify any privately managed institution (whether known as settlement or otherwise) as a corrective settlement for the purposes of this Act.

(3) Where the State Government is satisfied from the report of the District Magistrate or otherwise that it is expedient with a view to there formation of a registered offender and the prevention of crime that the register offender should receive training of a corrective character for a substantial time, the State Government may, by an order in writing, direct that the registered offender shall receive training of a corrective character for such period not exceeding the duration of his registration

S.8 Power to make rules.

- (1) The State Government may be notification in the official Gazette make rules to carry out the purposes and objects of this Act.

(2) In particular and without prejudice to the generality of the foregoing power such rules may provide for or regulate-

(a) the from of the register of habitual offenders and the particulars to be entered therein and the form and manner of service of a notice under section 3;

(3) the authority to whom and the manner in which any change or intended change of ordinary residence shall be notified under sub-section (1) of section 5;

(d) the circumstances in which Registered offenders shall be required to possess and produce for inspection certificates of identity and the manner in which such certificate shall be granted;

(2)In particular and without prejudice to the generality of the foregoing power such rules may provide for or regulate-

[(a) the from of the register of habitual offenders and the particulars to be entered therein and the form and manner of service of a notice under section 3;]

[(3)the authority to whom and the manner in which any change or intended change of ordinary residence shall be notified under sub-section (1) of section 5;]

(c)the nature of the restrictions to be observed by [Registered offenders whose movements have been restricted; [----]

(d) the circumstances in which [Registered] offenders shall be required to possess and produce for inspection certificates of identity and the manner in which such certificate shall be granted;

S.10 --

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S.11 --

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S.12 Punishment for habitual offenders found under suspicious circumstances

Whoever, being a habitual offenders, is found in any place under such circumstances as to satisfy the Court,- (a) that he was about to commit, or aid in the commission of theft or robbery, or (b) that he was waiting for an opportunity to commit theft or robbery; shall be punishable with rigorous imprisonment for a term which may extend to three years and shall also be liable to fine which may extend to one thousand rupees.

S.13 Arrest of habitual offenders found beyond prescribed limit.

(1)Whoever being a habitual offenders,-

(a) Is found [--] beyond the area[ ---] to which his movement have been restricted[ ----] (in contravention of the conditions under which he is permitted to leave such area); or

(b) escapes from[ any corrective settlement in which he is placed] may be arrested without warrant by any police officer, village headman or village watchman, and may be taken before a Magistrate, who on proof of the facts[ may order] him to be removed to such area [or to such corrective settlement,] as the case may be, there to be dealt with in accordance with this Act or any rules made thereunder. [---]

S.14 Bar of jurisdiction

[- No Court shall question the validity of any direction or order issued under this Act.]

S.15 Bar of legal proceedings

No suit prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

S.16 Power to delegate.

The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act except the power under Section 8 may also be exercised, subject to such conditions, if any, as may be specified in the notification, by such officer not below the rank of a District Magistrate, as may be specified therein'.] Schedule Part I CHAPTER XII

. Sections of the Indian Penal Code

216. Harbouring offender who has escaped from custody or whose apprehension has been ordered.

216-A. Penalty for harbouring robbers or dacoit's.

231. Counterfeiting coin.

232. Counterfeiting Indian coin.

233. Making or selling instruments for counterfeiting coin.

234. Making or selling instruments for counterfeiting Indian coin.

235. Possession of Instruments or material for the purpose of using

S.2 Interpretation

- (1) In this Act, unless the subject or context requires otherwise,- [(a) 'habitual offender' means a person who, during any continuous period of five years, whether before or after the 15th day of September, 1952 or partly before and partly after the said day, has been sentenced on conviction on not less than three occasion since he attained the age of eighteen years to a substantive term of imprisonment for any one or more of the scheduled offences committed on different occasions and not so connected together as to form parts of the same transaction, such sentence not having been reversed in appeal or revision;

Provided that in computing the continuous period of five years referred to above any period spent in jail either under a sentence of imprisonment or under detention shall not be taken into account;']

(b) 'prescribed' shall mean prescribed by or under this Act.

[(c) 'corrective settlement' mea

S.3 Register of Habitual offenderS

- (1) There shall be prepared, kept and maintained in the prescribed manner, a register of habitual offenders within each district hereafter, in this Act, referred to as the register.

[(2) ---]

[(3) For the purpose of sub-section (1), the District Magistrate or any officer appointed by him in this behalf shall, by notice in the prescribed form to be served in the prescribed manner, call upon every habitual offender in the district-

(a) to appear before him at the time and place therein specified;

(b) to furnish such information as may be necessary to enable him to enter the name and other prescribed particulars of such habitual offender in the register; and

(4) No person shall be registered as a habitual offender unless he has been given a reasonable opportunity to show cause again

S.1 Short title, extent and commencement

(1) This Act may be called the. Rajasthan Habitual Offenders, Act, 1953.

[ (2) It extends to the whole of the State of Rajasthan.]

(3) It shall come into force at once.