Chapter IV PENALTIES AND PROCEDURE

A habitual offender who, without lawful excuse, the burden of proving which shall lie 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 section or furnishes as true any information which he knows, or has reason to believe to be false or does not believe to be true, or (c) refuses to allow his finger and palm impressions, foot-prints and photograph to be taken by any person acting under an order passed under section 6, or (d) fails to comply with the provisions of sub-section (1), or with an order of the District Collector under sub-section (2) of section 7 or with an order of the Government under section 11, may be arrested without warrant and shall be punishable - (i) on first conviction with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 200 or with both, and (ii) on a second or subsequent conviction, with imprisonment for a term which may extend to one year or with fine which may extend to Rs. 500 or with both: Provided that if the court after taking into consideration the offenders age and physical and mental condition and his suitability for receiving training of a corrective character in corrective settlement is satisfied that it is expedient with a view to his reformation and prevention of crime that he should receive training of a corrective character for a substantial term, the court may, in lieu of sentencing the offender to any punishment under this section, direct, after giving him an opportunity of showing cause, that he shall receive corrective training in a corrective settlement for such term not exceeding three years as it may determine.

If any habitual offender - (a) is found outside the area to which his movements 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, he may be arrested without warrant by a police officer, village headman or village watchman. If the offender is arrested, he shall be informed, as soon as may be, of the grounds for such arrest and shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate; and the offender shall not be detained beyond the said period without the authority of a magistrate. The magistrate may on production of the offender and on proof of the facts order him to be removed to such area or to such corrective settlement to be dealt with in accordance with this Act and the rules made thereunder.