Chapter - 4 SPECIFIC LAWS ON HABITUAL

OFFENDERS: HABITUAL OFFENDERS ACTS

Chapter 4

SPECIFIC LAWS ON HABITUAL OFFENDERS:

HABITUAL OFFENDERS ACTS

India is also one of those countries which need special

attention to deal with the problem of habitual criminality. The

phenomenon was dealt with by passing the Criminal Tribes Act,

1924 during the British period. The Criminal Tribes Act can be

said to be the forerunner of the State Habitual Offenders Laws.^

Several state legislature have passed special laws for regulating

the conduct, and restricting the movements of habitual offenders.

Therefore, in the context of the study it is necessary to have a

close observation of the state laws deal with habitual offenders.

4.1 STATE LEGISLATIONS ON HABITUAL OFFENDERS

The state laws on habitual offenders i.e. Habitual

Offenders' Acts present a broadly similar pattern. Each Act is

divided into four parts. Firstly the preliminary part, where the

definition of 'habitual offender' is to be found. Secondly, the

registration of habitual offenders and the procedure to be followed

on their in movements. Thirdly, the res traction to be imposed on

their movements, and fourthly, provision for corrective training of

the habitual offenders. Penalties are also prescribed by the Act in

case of non-compliance with the requirements imposed under the

Act on habitual offenders.

4.1.1 Definition of Habitual Offender under Different State

Acts On Habitual Offender

The Punjab Act on Habitual offenders of 1918 is

supplemented by the Punjab Habitual offenders (Control &

^ The legislations made sudden efforts on the subject as a result of the repeal of the Criminal Tribes Act, in 1952. A model bill on the habitual offenders was also circulated by the central government. This model bill was meant to be a guideline for the state that desired to enact a law on the subject. The similarities in the provisions of various state laws on habitual offenders suggest that the model bill had been the source of inspiration of legislation on the subject. See D.C. Pandey, Habitual Offenders and the Law, 45. (1983ed.).

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Reform) Act, 1952 by providing for the correction, treatment and

rehabilitation of the habitual offender. Section 2(3) of the Punjab

Habitual Offender (Control and Reforms) Act, 1952 define a

habitual offender as a person:

(a) Who, during any continuous period of five

years, whether before or after the

commencement of this Act, has been

convicted and sentenced to imprisonment

more than twice on account of any one or

more of the offences mentioned in the

schedule to this Act committed on different

occasions and not constituting parts of the

same transaction; and

(b) Who has, as a result of such convictions

suffered imprisonments at least for a total

period of twelve months.

Similarly, the U.P. Habitual Offenders' Restrictions Act,

1952, defines' Habitual offender' under section 2(c) as follows: ^

"Habitual offender" means a person who, before

or after the commencement of this Act, has been

sentenced to substantive term of imprisonment,

such sentence not having been set aside in

appeal or revision, on not less than three

different occasions for one or another of the

offences set forth in the schedule.

According the Karnataka Habitual offenders Act, 1961

habitual offender means a person who, during any continuous

period of five years, has been sentenced on conviction for not

less than three occasions, since he attained the age of eighteen

2 Highcourtchd.gov.in/sub-pages/left_menu/Rules_orders/high_court_rules/vol.lll_pdf/chap23partC.p df. visited on 29-08-2014 at 11:00 a.m.

3 Section 2 (c), the U.P. Habitual Offenders' Restriction Act, 1952.

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years, to a substantive terms 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.'*

According to the Bombay Habitual Offenders Act, 1959

habitual offender means any person who since his attaining the

age of eighteen years during any consecutive period of five years,

has been sentenced on conviction on not less than three

occasions, to a substantive term of imprisonment for one or more

of the scheduled offences committed on separate occasions,

being offences which are not so connected together as to form

parts of the same transactions.^

Under Sec. 2(d) of the Kerala Habitual Offenders Act, 1960

'Habitual Offender' means a person who, during any continuous

period of five years has been sentenced on conviction on not less

than three occasions 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 transactions.^

According to section 2(4) of the Andhra Pradesh (Andhra

Area) Restriction of Habitual Offenders Act, 1948 "habitual

offender" means a person who has been sentenced to a

substantive term of imprisonment , such sentence not having been

set aside in appeal or revision, on not less than three occasions,

for one or another of the offences under Indian Penal Code set

forth in the schedule, each of the subsequent sentences having

been passed in respect of an offence committed after the passing

of the sentence on the previous occasions.^

" Section 2 (e) The Karnataka Habitual Offenders Act, 1961. 5 Sec. 2(e), The Bombay Habitual Offender Act, 1959. « Sec. 2(d), The Kerala Habitual Offenders Act, 1960. ^ Sec. 2(4), The Andhra Pradesh (Andhra Area) Restrict ion of Habitual

Offenders Act, 1948.

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Therefore, the definition of habitual offender under state

acts reveals that its meaning is almost same in all the Acts of the

states only with a little bit difference.

4.1.2 Punjab Act Regarding Habitual Offenders

The Punjab Act on Habitual Offenders of 1918^ is the first

Act on habitual offenders. This Act has been largely followed by

other states. The Act aims at putting restrictions on the movement

of the habitual offender in the state. The Act requires that a

person declared as habitual offender should report to the local

authorities about his being present in an area. In case the

authorities consider that his presence should be subjected to

restrictions it may pass such an order.^

The order may notify the prescribed limits of movement and

impose other conditions restricting the movement of the offender.

The order may require an offender to report his presence at such

places, as the order may prescribe. The Punjab Act of 1918 also

contains provisions for initiating proceedings under section 110 of

the code of criminal procedure with a view to bind over a habitual

offender for good behavior for a limited period of time. Section 7

of the Act states that if upon enquiry the Magistrate is of opinion

that an order of restriction should be made against any person in

respect of whom the enquiry is being made, the magistrate shall

make an order accordingly.^°

According to the section 9 of the Act, no order shall be

made restricting any person to any area unless the court or

Magistrate making the order is satisfied that such person has

adequate means of earning his livelihood within the area on

restriction. According the sec. 17 of the Act, whoever being a

person against whom an order of restriction under this Act has

8 Restrict ion of Habitual Offenders (Punjab) Act, 1918. 3 D.C. Pandey, Habitual Offenders and the Law, 44.(1983) ° Sec. 7, Restrict ion of Habitual Offenders Act, 1918.

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been passed violates such order or any rule made under this Act,

shall on conviction by a Magistrate of the first class be punished J^

a) on a first conviction with imprisonment of either description

for term which may extend to one year, or with five , or with

both;

b) on a second conviction with imprisonment for a term which

may extend to two years.

c) on any subsequent conviction with imprisonment of either

description for a term which may extend to three years.

The subsequent Punjab Act, the Punjab Habitual Offenders

(Control and Reform) Act, 1952 supplements that Act of 1918 by

providing for the correction, treatment and rehabilitation of the

habitual offender.

4.1.3 Madras Restriction of l-labitual Offender Act, 1943

The Madras Restriction of Habitual Offenders Act, 1943 is

the next Act in the chronological order after the Punjab Act of

1918. The Act empowers the districts magistrate to notify habitual

offenders and impose restrictions on them. It requires that a

person proposed to be notified as habitual offenders and impose

restrictions on them must be given a reasonable opportunity to

show cause against the issue of an order. Restriction on the

movements is placed after giving due consideration to the nature

of the offences of which the offender had been convicted in the

past, along with the circumstances in which these were

committed. 2

The question whether the offender has been usefully

engaged in a lawful vocation or not is also pertinent an enables

the authorities to determine the nature and extent of restriction to

be imposed on movement of the habitual offender.

11 Id., S.17. 12 Supra no te la t 44.

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The state government is empowered to place the notified

offenders in one or the other industrial, agricultural or reformatory

settlements set up by the government for the purpose. The

Madras Act is thus the fore-runner of the penological thought in

India which envisages a correctional approach for dealing with

habitual criminals, and seeks to implement the same by adopting

rehabilitative measures. Therefore, this Act brought into existence

the concept of reformation of the offenders and also inspired other

states to legislate on the subject in this regard.^^

Therefore, many other states have also enacted habitual

offenders Acts to deal with the problem of habitual offenders such

as Karnataka Habitual Offenders Act, 1961, Himachal Pradesh

Habitual Offenders Act, 1969, Rajasthan Habitual Offenders Act,

1953 etc.

4.1.4 Karnataka Habitual Offenders Act, 1961

The Karnataka Habitual Offenders Act, 1961 was passed to

introduce uniformity. Prior to it different laws prevailed, such as,

the Mysore Restriction of Habitual Offenders Act, 1952, the

Madras Restriction of Habitual Offender Act, 1948, the Bombay

habitual offenders Restriction Act, 1947 Hyderabad offenders

(Restriction and settlement) Act, 1954.

The Karnataka Habitual Offenders Act, 1961 provides for

the treatment and training and Habitual offenders. Under section

3 of the Karnataka Habitual Offenders Act, the state government

has directed the registration of habitual offenders by

notification.^^

According to section 4 of the Karnataka Habitual Offenders

Act a notice is issued to the person concerned by the District

Magistrate in the prescribed manner. The person is required to

13 Id. at 45. 1" Sec. 3, The Karnataka Habitual Offenders Act, 1961

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show cause as why he should not be declared as a habitual

offender. ^

Under the Rule 5 (1) of the Karnataka Habitual Offenders

Rules, 1969. A person in jai l is served through the jail

superintendent, who has to arrange for the appearance of such

habitual offenders before the authority.^^

The matter recorded in the loose leaf register which is

maintained by the superintendent of police. The register contains

the names, previous convictions and other prescribed particulars

of habitual offenders. The offender is also required to furnish his

finger and palm impressions, foot prints and photographs. ^

The habitual offender under section 8 (1) of the Karnataka

H.O. Act is required to inform to the police authority in case of

any change of residence. He is also required the restrictions

imposed on his movements along with an identification card. A

notification may be issued by the competent authority restricting

the movements of the habitual offenders to a specified area under

section 11 (1). ^

The Karnataka Habitual Offender Act, 1961 provider for

setting up corrective institutions in the state for the purpose of

reformation. The selection of offenders for being sent to the

corrective settlement is based on an inquiry conducted by District

Magistrate. The offender is prohibited from remaining outside it.

Leave of absence can be granted by Superintendent of Police.^^

Under section 27 of the Bombay Regulation (12 of 1827),

security can be taken for good behaviour. Under this section a

notice can be issued only after proceeding have been taken

against each person individually under chapter VIM of the Code of

Criminal Procedure, 1898.

15 See Id., Sec. 4. 16 Rule 5 (1) The Karnataka Habitual Offender Rules, 1969. 17 See Id. , Rule 5 (2). 18 Ss. 5.8 (1), 11 (1), The Karnataka Habitual Offenders Act, 1961 19 Supra note 52 at 70.

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4.1.5 U.P. Habitual Offenders' Restriction Act, 1952

Similarly, under the section 3 of the U.P. Habitual Offenders'

Restriction Act, 1952, the provision is made regarding order of

restriction in which a person is required to restrict his movement

to any specified area, to intimate to such authority as may be

prescribed his place of residence and to report himself at the time

and at the place and in the manner specified.2°

Section 7 of the U.P. Act deals with factors to be taken into

consideration in making order of restriction. The District

Magistrate shall take into consideration the nature of the offence

of which the habitual offender was convicted and the

circumstances in which they were committed, the present

employment or occupation of the habitual offender, the suitability

of the area of which his movements are to be restricted etc.^^

Section 11 of the U.P. Act provides for the establishment of

reformatory settlements etc. The State Government may establish

and maintain industrial, agricultural or other settlements for the

purpose of reforming of habitual offender. ^

Section 20 of the U.P. Act provides that the State

Government may by notification in the official Gazette make rules

for carrying into effect the purpose of this Act. 3

4.2 CLASSES OF HABITUAL OFFENDER UNDER STATE ACTS

For the scope and application of the state dealing

specifically with habitual offenders, it is essential to examine the

offences covered by these enactments which confer upon an

offender the status of "habitual offender". These offences are

quite large in number. After keeping in mind the offender's

capacity to disturb peace and order in the community by the

2° Sant Prakash and Chandra Behri, Uttar Pradesh Criminal IVIanual, 189, 1969.

21 Id. at 190. 22 Id. at 191. 23 Id. at 192.

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commission of anti-social acts, the inclusion with in these

enactments of offences relating to human body and property may

be just i f ied. The category of offences such as counterfeit coins

and stamps are also included in the schedule. Some states

include in these special enactments offences under the Arms Act

also. Some of the states have included in the list other anti-social

acts such as bootlegging, gambling, immoral trafficking in women

and girls ^ and the like. The primary aim of the state legislature

has been to enable the police to employ the special coercive

machinery created by such laws to deal with occupational crimes

of a socio-economic nature.

The list of the scheduled offences in state acts indicates

that the schedules have mostly included offences contained in

chapters XII, XVI and XVII of the Indian Penal Code. For a more

clear understanding, the offenders covered by state laws

regarding habitual offenders may be grouped as under.^^

1. Offenders against personal liberty: Under this category falls

offenders guilty of kidnapping or abduction or allied offences

or their aggravations.

2. Offenders who tend to disturb the peace and order of the

community: These are offenders who do so by repeatedly

engaging in the commission of offences involving breach of

peace, either directly or by abetment and high-handed acts

desperate and dangerous characters.

3. Offenders committing offences against property : Offenders

committing (a) theft, dacoity, no use-breaking and allied

offences, (b) extort ion, cheating, forgery or mischief.

4. Aids and auxiliaries of offenders against property

Offenders who habitually(a) give protection and shelter to

2* See, the Madras Restriction of Habitual Offenders Act, 1948, the Himachal Pradesh Habitual Offenders Act, 1969.

25 Supra note. 1at 51. See also the Karnataka Habitual Offenders Act, 1961, the Madras Restriction of Habitual Offenders Act, 1948.

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thieves, (b) assist in the concealment (c) receive and

dispose of stolen property, knowing the same to be stolen.

5. Economic offenders : Offenders who habitually commit (a)

offences relating to coins, ^ government stamps, bank notes

and currency notes, (b) offences under laws relating to

essential commodities or laws against hoarding, profiteering

and allied subjects, or (c) offences under laws regulating

foreign exchange or laws relating to custom duties.

6. Social legislation; Offenders who repeatedly transgress the

provisions of specified social legislations, such as laws

dealing with (a) beggary, b) gambling, prohibition,

prostitution, protect of civil rights, or similar anti-social acts

that have their genesis in deep-rooted social prejudices

requiring firm action.

7. Other legislations : Offenders who commit offences under

certain welfare legislation such as legislation relating to

provident fund.

Therefore, from the above given categories of offences show

that the schedule in the stale laws of habitual offenders includes a

vast number of offences which covers almost all the field of

crimes. Therefore, the state acts regarding habitual offenders are

good efforts to deal with such offenders.

4.3 SOURCES FOR ENROLLING THE HABITUAL OFFENDERS

The various state laws relating to habitual offenders have

mostly borrowed the language of the Police Act, 1861 in which

section 23 of the Act requires a police officer "to collect and

communicate intelligence affecting the public peace". 7 j h e

preliminary task in the enforcement of law relating to habitual

offenders is the gathering of sufficient information by the local

police about the well-known anti-social elements resign in the

26 See, the Karnataka Habitual Offenders Act, 1961, Schedule A, entries relating to chapter XII I.PC.

27 Sec. 23, The Police Act 1861.

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locality concerned. The basic source is the information that the

local police possess about such persons residing in their

jur isdict ion.

The data collected in relation to each offender is arranged in

order to find out the number of convictions of each offender, the

class of persons he associates with, and his general reputation.

Certain records are maintained in the police stations about

persons actively engaged in criminal activities.^®

The supplemental sources for enrolling the habitual

offenders are the list of ex-convicts and of persons released from

the jail from time to time. Ex-convicts constitute the principle

source for identifying and enroll ing the habitual offenders. The

court may pass orders under section 360, Cr. P .C, 1973 in certain

cases and impose conditions that an ex-convict would submit

himself to his police station for purposes of surveil lance. The

appropriate government may also pass such orders under section

432, Cr .P .C , 1973. The list of persons release from the jail on the

expiry of the term of their sentences of the prisoners are also

subjected to preventive action by the police. Therefore, these are

the persons from which the persons are listed as 'habitual

offenders', s

4.3.1 Records Pertaining to Habitual Offenders

Usually habitual offenders are categorized under different

names, such as "history sheeter", "Known depredator", "rowdy"

and "bad character". Therefore, it is necessary to give a brief

explanation the habitual offenders under the said categories.

4.3.2 Personal Files and History Sheets

A personal fi le is prepared for the offenders as are

mentioned above. The information regarding these criminals are

recorded in the personal f i les. The nature and quality of

28 Supra note 1 at 56. 29 Id. at 58-59.

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information gathered in the personal file form the basis of a

decision for opening a history sheet. The personal files of persons

whose history sheets are maintained are put in serially to form a

separate record from the persons of the personal files for whom

no history sheet exists. A history sheet generally consists of three

parts^° :

1. One of the parts contains a brief account of the life of the

habitual offender, his habits, means of livelihood and his

relations with others.

2. Second part specifically contains information about the

offences. The names of proved or suspected associates are

also mentioned.

3. The third part of the history sheet deals with the current

history of the habitual offenders.

In certain cases, the history sheets are automatically

opened by the officer in charge of the police station at the time of

conviction. The history sheet of a known depredator gets opened

up automatically and is retained for two years from the date of his

release from the jail or on the date of the expiry of the bond.

Departmental instructions provide that the police authorities

may bring in undesirable characters for inclusion in the category

of habitual offenders so that surveillance may be kept on them.

A police Superintendent or his assistant may order the

opening up of a "rowdy sheet' for those persons who may

otherwise be not fully eligible for enrolment as habitual offenders

or known depredators but whose potential for committing anti­

social acts and criminogenic tendencies are to the knowledge of

the police. Similarly, those whose records of criminality are

evident, find their names in the roster of bad characters. ^

3° Id. at 6 1 . 31 Id. at 63.

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Therefore, the habitual offenders are registered under

different categories in the police register for keeping the records

of the habitual offenders so that they can be prevented from

committing crime.

4.4 PROVISIONS UNDER THE HIMACHAL PRADESH

HABITUAL OFFENDERS ACT, 1969

The Himachal Pradesh Habitual Offenders Act, 1969

consists of five chapters. Chapter I is preliminary. This chapter

deals with definitions of the different terms of the Act. Chapter II

of the Act deals with registration of Habitual Offenders and

Restriction of their movements. Chapter III of the Act deals with

corrective training of habitual offenders under which habitual

offenders are directed to receive corrective training. Chapter IV of

the Act mentions penalty for failure to comply with certain

provisions of the Act. Chapter V of the Act is miscellaneous.

Under Sec.24 of this chapter of the Act, the government is

empowered to make rules for carrying out the purposes of the

Act.32

The Himachal Pradesh Habitual offender Act, 1969 has been

enacted to make better provisions for the treatment and training of

habitual offenders and also for certain other matters. The Act

consists of registration of habitual offenders, their restriction on

the movement. The penalties are also provided in case of failure

to comply with the provisions of the Act. They are also directed to

receive corrective training. The schedule of this Act includes

offences contained in Chapter XII , XVI and XVil of the Indian

Penal Code. Some other offences are also included in the

schedule. The offences under the Suppression of Immoral Traffic

is Women and Girl's Act, 1956, such as. Sec. 4, which deals with

living on the earnings of prostitution; offences under Sec. 3 of the

32 For detai l , see infra.

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Public Gambling Act, 1867 (Act 111 of 1867) and any offence

under the Essential Commodities Act, 1955.

The definition of habitual offender is given under Section 2

(d) of the Himachal Pradesh Habitual offenders Act, 1969

(hereinafter referred as H.P. Act) as: ^

Any person who since his attaining the age of

eighteen years:

i)During any consecutive period (whether

before or after the commencement of this

Act, before or after such commencement) of

five years, has been sentenced on conviction,

on not less than three occasions, to a

substantive term of imprisonment for one or

more of the scheduled offences committed on

separate occasions, being offences which are

not so connected together as to form parts of

the same transaction. This definition is

different from the U.P. and Punjab Acts.

Therefore, habitual offender is a person who is not less than

eighteen years and has been sentenced on three or more

occasions for one or more of schedule offences. These offences

should be committed on three different occasions and do not form

parts of the same transaction. These offences should be

committed within five years.

Chapter 11 of the H.P. Act deals with registration of habitual

offenders and restriction of their movements. The District

Magistrate has been empowered by the State Government to deal

with habitual offender under this Act.

33 Section 2 (d), The Himachal Pradesh Habitual Offenders Act, 1969.

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AAA Registration of Habitual Offenders

Under Section 3 of the H.P. Act, the District Magistrate may

make a register of habitual offenders on the direction of the State

Government within his district.^

Section 4 of the Act provides the procedures regarding

preparing a register of habitual offenders. The District Magistrate

shall call upon every habitual offender in the district by issuing

notice in a prescribed manner to appear before him at a specified

time and place.^s According to section 4 (b), District Magistrate

shall call upon habitual offender,^^

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.

The habitual offender is required to give the finger and palm

impressions foot prints and photographs. But the offender should

be given reasonable opportunity of showing cause why such entry

should not be made.^^

The Superintendent of Police shall maintain a loose leaf

register for the record. The register contains names, previous

conviction and other prescribed particulars of habitual offenders in

the district. The Superintendent of Police examines the register

from time to time and report to the District Magistrate in case of

any alternation to be made therein.^^

Every registered offender shall notify any change of his

ordinary residence. The offender is required to report himself

once in a month under the direction of the District Magistrate or

more frequently as required by him for reasons to be stated.

According to section 7, in case of any change in the

residence of habitual offender to other district, the District

34 Id. S.3. 35 Id. S.4. 36 Id. S.4(b). 37 Id. S.6. 38 Id. S.5.

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Magistrate of the district in which the offender is registered shall

inform the District Magistrate of the other district of such change

and furnish him all particulars relating the registered offender in

the register. The entry should be made of a registered offender in

the register by the District Magistrate of other district.^^

The registration of a habitual offender under the H.P. Act

shall cease to be in force on the expiry of five years from the date

of such registration and on such expiry the habitual offender shall

cease to be a registered offender. But if the registered offender is

convicted of one or more of the scheduled offences and sentenced

to a substantive term, the registration period shall be expended

for five years from the date of his release. Any person aggrieved

by the registration or re-registration may make representation to

the commissioner for that.'*°

4.4.2 Restriction on IMovements

Section 11 of the H.P. Act deals with power to restrict

movements of registered offenders. The section provides: '*

If in the opinion of the government it is

necessary or expedient in the interests of the

general public so to do, the government may,

subject to the provisions of 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.

Therefore, the movements of the offender may be restricted

to specified area under the directions of the government and for

such period not exceeding three years. But before making such

order, it shall be taken into consideration, that of the nature of the

offence and circumstances in which offences were committed and

also the suitability of the area restricted to his movements etc. It

shall be taken into consideration whether the registered follows

39 Id., S.7. <° Id., S. 10. "1 Id., S .11 .

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any lawful occupation and that such occupation is conducive to an

honest and settled way of life. ' ^ Under section 12, the government

may cancel any order made under section 11, or alter any area

specified in an order under that section. ^

4.4.3 Corrective Training of l-iabitual Offenders

The government may establish and maintain corrective

settlements in the State of Himachal Pradesh to receive corrective

training under this Act for the purpose of placing therein habitual

offenders. The government may also approve any privately

managed institution as a corrective settlement for the purposes of

this H.P. Act. Therefore the Act Provides these corrective

institutions in the state for the purpose of placing such offenders

as are deemed worthy of being reformed. ^

When the Government thinks it necessary for the

reformation of a registered offender and the prevention of crime

that the offender should receive training of a corrective character

for a substantial period, the Government may order such offender

to receive training for specified period not exceeding the period of

his registration. ^^

Where a habitual offender is convicted of any offence

punishable with imprisonment and he is less than forty years or he

is required to execute a bond for his good behaviour under Sec.

110 of the Criminal Procedure Code and the court or the

Magistrate thinks it fit to receive training of corrective character,

the court or the Magistrate may in such cases direct that he shall

receive corrective training for a substantial period of not less than

two or more than five years. '*®

Sec. 16 empowers the Government or any authorized officer

to direct any habitual offender who may be in a corrective

settlement to be transferred to another corrective settlement to be

« Section 11 (2), H.P. H.O. Act. 43 Id., S. 12. 44 Id. , S . 1 4 . 45 Id., S.15 (1). 46 Id., S.15 (2).

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discharged therefrom and accordingly he shall be transferred or

discharge as the case may be. '*

4.4.4 Penalties

Section 17 of the H.P. Act deals with penalty for failure to

comply with certain provisions of the Act. If a habitual offender

without lawful excuse, fails to comply with certain provisions of

the H.P. Act, he may be arrested without warrant, and shall be

punished for a term which may extend to six months or with fine

which may extend to two hundred rupees or with both on first

conviction and imprisonment upto one year or fine upto five

hundred rupees or both on a second or subsequent conviction. '*

Under section 18 of the H.P. Act, a person, who is found

outside the restricted area of his movements or escapes from any

corrective settlement in which he is placed, he may be arrested

without warrant by a police officer and a Magistrate may order him

to be removed. •*

Section 19 of the H.P. Act deals with Enhancement of

punishment for certain previously convicted persons. The section

19 reads as under:^°

Whoever, being a person in respect of whom a

direction has been made under section 11 or

section 15, and having been convicted of any

of schedule, is convicted of the same or of any

other scheduled offence falling in that part

shall, on conviction, be punished with

imprisonment for a term which may extend to

ten years.

If any person found in any place under such circumstances

that he was about to commit or aid in the commission of, theft or

robbery, he shall be punished with imprisonment for a term upto

"7 Id. , S.16. « Id. , S.17. "9 Id. , S.18. 50 Id. , S.20.

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three years and fine upto one thousand rupees even also in case

if he was making preparation for committing theft or robbery.^^

4.4.5 Regulatory Measures for Habitual Offenders

Regulatory measures for habitual offenders are coercive and

corrective. The coercive category may be divided under following

heads:

i) Reporting by habitual offenders

ii) Reporting about residence

iii) Restriction on movements and the holding of roll calls

iv) Domiciliary visits by the police

The corrective mode of regulation can be in the following ways:

i) Sending of habitual offenders to a corrective settlement

ii) Termination of status of habitual offender as habitual

offenders.

4.4.5.1 Reporting by Habitual Offenders

The District Magistrate shall hold an enquiry in the manner

prescribed for conducting trials and recording evidence in

summons case as laid down in the Code of Criminal Procedure,

1973. When District Magistrate is satisfied that an order under

section 7 should be issued, he shall issue on order to this effect

and under the order the registered habitual offender will report

himself at intervals fixed by the District Magistrate and notify his

place of residence and any change of residence from his

residence. ^

4.4.5.2 Reporting About Residence

Every registered offender shall notify any change or

intended change of his ordinary residence. The registered

offender shall notify any change of residence to the officer-in-

charge of the Police station within whose jurisdiction he is

residing every registered offender who change his residence shall

51 Id., S.19, 52 Rule 9, The H.P. Habitual Offenders Rules, 1974.

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within 48 hours report himself to the officer-in-charge of the

Police station within the limits of which he has arrived. ^

4.4.5.3 Restriction on IMovement and the Holding of Roll Calls

Section 11 of the H.P. Act deals with the restrictions on the

movement of registered offender. Rule 12 of the H.P. Act lays

down the mode of enquiry under section 11. Under this rule, a

notification is issued by the competent authority restricting the

movements of a habitual offender to a specified area. The

notification is issued when an increase in the activities of the

offender comes to the police notice and submits proposal to the

appropriate authority. The appropriate authority shall pass the

order when it is satisfied that the restriction should be imposed.

The authority is empowered to permit an offender to move out

side the restricted area in consultation with superintendent of

Police.^

The superintendent of Police may authorize a police officer,

to hold a roll call of the registered offenders, whose movement is

restricted. A special roll call can be held at any time for special

reasons. ^

The officer-in-charge of the police station may grant to such

habitual offender whose movement is restricted a pass to leave

the restricted area for one day between the hours of sunrise and

sunset. ^

4.4.5.4 Domiciliary Visits

The Police Officer may go around the habitual offender's

residence at any hour of the day. Rule 18 of the H.P. Act

provides: ^

When a registered offender in respect of

whom an order to restriction of report has

been made fails to report himself as specified

53 Id. , Rule 10. 54 Id. , Rule 12. 55 Id. , Rule 12 (8) (i i). 56 Id. , Rule 13. 57 Id. , Rule 18.

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in the order it shall be competent for the

officer-in-charge of the police station/police

post within the jurisdiction of which such

offender is residing to pay a domiciliary visit

by day or night to verify the presence of the

registered offender in his place of residence.

The rule does not authorize the officer paying a visit to enter

the residence of any registered offender.

4.4.5.5 Corrective Settlement

Section 15 of the H.P. Act deals with power to direct

habitual offenders or receive corrective training. The selection of

offender for being sent to the corrective settlement is based on

inquiry conducted by the District Magistrate. The names are

suggested by the superintendent of Police. After such report

District Magistrate shall issue a notice to the registered offender

to appear before him at a specified time and place for the purpose

of enquiry. After completing the enquiry the District Police

Magistrate shall satisfy himself and forward the report of enquiry

to the Government along with his own comments. When a

registered offender is ordered by Government to be committed to

a settlement established under section 14, he shall be sent to

such settlement in police custody.^^

After admission to the corrective settlement, he is prohibited

from remaining outside. Permission for absence from settlement

can be granted for temporary period under a pass of discharge.

Leave of absence for a long period can be granted by

superintendent of Police.^^

The settlement institutions provide employment and it is

compulsory. Every settler shall be employed on some kind of

labour, industry or work suited to his physical condition.

58 Id, Rule 32. 59 Id, Rule 42.

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4.4.5.6 Termination of the Status of Habitual Offender

A registered offender may acquire the status of ordinary

person if discharged from the obligations imposed upon him under

the H.P Act. The District Magistrate is vested with power to

discharge the habitual offender earlier on the recommendation of

the Superintendent of Police.^°

4.4.6 Power of the District Magistrate

1. Section 3 of the Act empowers District Magistrate to make a

register of habitual offenders within his district, by entering

therein names and other particulars.^^

2. District Magistrate shall call upon every habitual offender in

the district to appear before him at a time and place

specified in the notice.®^

3. The District Magistrate may at any time order the finger and

palm impressions, foot prints and photographs of any

registered offender.^^

4. The District magistrate may direct that any registered

offender shall report himself once in each month and notify

any absence from his ordinary residence.^

5. The power of the government under sections 4 and 12 may

also be exercised by Magistrate having power to act under

section 110 of the Criminal Procedure Code, but without

prejudice to the exercise of his powers under that section of

the code.®^

Thus, the Himachal Pradesh Habitual Offenders Act, 1969

incorporates a well formulated scheme for prevention of habitual

criminality and of coercion and correction of habitual offenders.

60 See Id. , Rule 55. 61 Section 3, H.P. Act. 62 Id. , Sec. 4. 63 Id. , Sec. 6. 64 Id. , Sec. 7. 65 Id., Sec. 13.

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At present in H.P. there are 287 habitual criminals. The

state of Himachal Pradesh also has a list of habitual offenders

which is updated from time to time. It is given in the following

table.

Table 4.1 : District-Wise Breal( Up of History Sheeter (July-September, 2014)

Sr. No. Name of Distt. History Sheeter 1. Baddi 21 2. Bilaspur 16 3. Chamba 10 4. Hamirpur 15 5. Kangra 32 6. Kinnaur 13 7. Kullu 56 8. Mandi 52 9. Shimla 17 10. Sirmaur 15 11. Solan 30 12. Una 10

Total 287

Source: State Crime Report Bureau, Shimla

Several legislations have been passed consistently from the

period dating back to last half of 19'*^ century in India to deal with

the problem of crime-repeater. From many centuries, the crime-

repeaters have posed problems. During pre-independence period

criminal tribes Act dealt with the problem of habitual offenders to

some extent. In post-independence period Habitual Offenders Acts

have been passed by states to liquidate the problem. The study

shows that some other measures such as preventive and

reformative have also been legally prescribed. However, the

population of crime repeaters is increasing day by day. The study

reveals that for the effectiveness of the laws deal with habitual

offenders, some changes should be made in the existing laws.

Some of the laws are very outdated and do not work according to

the existing situation of the society.

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