Chapter IV Chapter IV

Penalties and procedure

A habitual offender who without lawful excuse, the burden of proving which shall lie upon him,—

1. (a) fails to appear in compliance with a notice issued under section 4, or
2. (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
3. (c) refuses to allow his finger and palm impressions, foot-prints and photographs to be taken by any person acting under an order passed under section 6, or
4. (d) fails to comply with the provisions of sub-section (1) of 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 to two hundred rupees, 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 five hundred rupees, or with both: Provided that, if the Court, 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 settlement, is satisfied that it is expedient with a view to his reformation and the prevention of crime, that he should receive training of a corrective character for a substantial period, the Court may, in lieu of sentencing the offender to any punishment under this section, direct, after giving him an opportunity of showing cause (and after consulting the officer prescribed on the capacity of the corrective settlements to receive him) 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 —

1. (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
2. (b) escapes from any corrective settlement in which he is placed, he may be arrested without warrant by a police-officer, and taken before a Magistrate who, on proof of the facts, may order him to be removed to such area or to such corrective settlement, there to be dealt with in accordance with this Act and the rules made thereunder.

(1) 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 the scheduled offences falling under

Part I of the Schedule is convicted of the same or of any other scheduled offence falling in that Part shall, on conviction, be punished with imprisonment for life or with imprisonment for a term which may extend to ten years.

1. (2) Nothing in this section shall affect the liability of such person to any further or other punishment to which he may be liable under the Indian Penal Code or any other law. Central Act 45 of 1860.

Whoever, being a person in respect of whom a direction has been made under section 11, or section 15, is found in any place under such circumstances as to satisfy the Court —

1. (a) that he was about to commit, or aid in the commission of, theft or robbery, or
2. (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.

If a police officer having an opportunity to arrest any person under section 18, fails to arrest him in circumstances which are not beyond his control, he shall on conviction be punished with simple imprisonment for a term which may extend to one month or with fine which may be extend to five hundred rupees, or with both.