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 truth 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, footprints and photographs to be taken by any person acting under an order passed under section 4 or section 6; or (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) of section 7, or with an order of the State 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 a fine which may extend to Rs. 500 or with both: Provided that if the Court after taking into consideration the offender’s age and physical and mental condition as to the suitability for receiving training of a corrective character in a corrective settlement, is satisfied that it is expedient for his reformation and the prevention of crime, that he should receive training of a corrective character for a substantial time, 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 being less than two years nor more than 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, police patel, or a member of the village police 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.