Chapter II REGISTRATION OF HABITUAL OFFENDERS AND

RESTRICTION OF THEIR MOVEMENTS

offenders.- The Government may direct the District Magistrate to make or cause to be made a register of habitual offenders within his district, by entering therein the names and other prescribed particulars of such offenders.

For the purpose of carrying out the direction given under section 3, 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 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 shall not be entered in the register, unless he has been given reasonable opportunity of showing cause why such entry should not be made.

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;

1. (a) to appear before him at a time and place specified in the notice;
2. (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
3. (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 shall not be entered in the register, unless he has been given reasonable opportunity of showing cause why such entry should not be made.

(1) The register shall be placed in the keeping of the Superintendent of Police of the district

who shall, from time to time, report to the District Magistrate, any alterations which ought, in his opinion, to be made therein.

1. (2) After the register has been placed in the keeping of the Superintendent of Police, 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

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

(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

1[State] of

Himachal Pradesh or not) he shall notify the change or intended change to

¹ Substituted for the word “Union Territory” vide A.O., 1973.

THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 the District Magistrate.

1. (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 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 any absence or intended absence from his ordinary residence to the aforesaid authority: Provided that the District Magistrate may exempt any such offender from notifying any absence or intended absence from his ordinary residence for such period, and under such conditions, as appear to him reasonable.

(1) Where any registered offender changes his ordinary residence to another district within the

1[State] of

Himachal Pradesh, the District Magistrate of the district in which the offender is registered shall inform the District Magistrate of the other district of such change, and at the same time furnish him with the name and other particulars relating to the registered offender in the register.

1. (2) On the receipt of such information, the District Magistrate of the other district shall enter in his register the name and other particulars of the registered offender furnished to him, and inform the District Magistrate of the first district of such registration, and thereupon such District Magistrate shall cancel from his register the entry relating to that offender: Provided that where a registered offender changes his ordinary residence to another district outside the 2[State] of Himachal Pradesh the District Magistrate of the first district shall, while furnishing the District Magistrate of the other district with the name and other particulars of the registered offender make a request to that District Magistrate that he may be

informed of the steps, if any , which may have been taken in relation to the

offender under any law for the time being in force in that other district; and upon the receipt of such information the District Magistrate of the first district shall cancel from register the entry relating to that offender.

1. (3) Upon the entry of the name and other particulars of a registered offender in any register in 3[State] of Himachal Pradesh under sub-section (2), the provisions of this Act and the rules made thereunder shall apply to him as if he has been registered, in pursuance of a direction given under section 3, in the register of the district to which he has changed his ordinary residence. . Substituted for "Union territory" vide A.O. 1973. THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 6

¹ Substituted for "Union territory" vide A.O. 1973.

² Substituted for "Union territory" vide A.O. 1973.

1. (1) Subject to the provisions of sub-section (3), the registration of a habitual offender under this Act shall, unless earlier cancelled, cease to be in force on the expiry of five years from the date of such registration, and on such cancellation or expiry the habitual offender shall cease to be a registered offender.
2. (2) Notwithstanding the cancellation, or expiry of duration of

registration, a habitual offender may be re-registered in accordance with the

provisions of this Act relating to registration, as often as he is convicted of one or more of the scheduled offences at any time after such concellation, or expiry; and subject to the provisions of sub-section (3), the re-registration shall, unless earlier cancelled, cease to be in force on the expiry of five years from the date of such re-registration.

1. (3) Where a registered offender is, during the period of registration or re-registration, convicted of one or more of the scheduled offences and sentenced to a substantive term of imprisonment, the duration of registration or re-registration shall be extended for a period of five years form the date of his release from such imprisonment.

Any person aggrieved by the registration or re-registration of his name under section 4, or as the case may be, section 9 or by an order under sub-section

1. (2) of section 7, may within the prescribed period make a representation to the Commissioner against such registration, re-registration or orders.
2. (2) The Commissioner shall, after considering the representation, and giving the aggrieved person an opportunity of being heard, either confirm or cancel the registration, re-registration or order, as the case may be, and shall in the case of confirmation record, a brief statement of the reasons therefor.

(1) 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 sub-section (4), 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 Government shall take into consideration the following matters, that is to say,- (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 conducive to an honest and settled way of life and is not merely a pretence for the purpose of facilitating the commission of crime; (c) the suitability of the area to which his movements are to be restricted; and THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 (d) the manner in which the registered offender may earn his living within the restricted area and the adequacy of arrangements which are or are likely to be, available therefor. (3) A copy of the order shall be served on the registered offender in the prescribed manner. (4) The period specified in an order under sub-section (1) shall in no case extend beyond the period of registration or re-registration, as the case may be, referred to in section 9.

1. (2) Before making any such order the Government shall take into consideration the following matters, that is to say,-
   • (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 conducive to an honest and settled way of life and is not merely a pretence for the purpose of facilitating the commission of crime;
   • (c) the suitability of the area to which his movements are to be restricted; and THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969
   • (d) the manner in which the registered offender may earn his living within the restricted area and the adequacy of arrangements which are or are likely to be, available therefor.
2. (3) A copy of the order shall be served on the registered offender in the prescribed manner.
3. (4) The period specified in an order under sub-section (1) shall in no case extend beyond the period of registration or re-registration, as the case may be, referred to in section 9.

Government may, by order, cancel any order made under section 11, or alter any area specified in an order under that section: Provided that before making such order, the Government shall consider the matter referred to in sub-section (2) of section 11 in so far as they may be applicable.

Magistrates.- (1) Subject to the provisions of sub-section (3), the powers of the Government under sections 11 and 12 may be exercised also by a Magistrate having power to act under section 110 of the Code, but without prejudice to the exercise of his powers under that section of the Code.

1. (2) A Magistrate acting under section 11 or 12 shall follow, as nearly as may be, the procedure laid down in sections 112, 113, 114, 115 and 117 of the Code for an order requiring security for good behaviour: Provided that the order in writing referred to in section 112 of Code shall, in addition to setting forth the substance of the information received, state the term, not exceeding three years, during which the order of restriction shall be in force.
2. (3) Where the Government has already made an order under section 11 in respect of a habitual offender, the Magistrate shall not exercise any powers conferred by this section in respect of the same habitual offender, during any period in which the order of the Government is in force.