Chapter II REGISTRATION OF HABITUAL OFFENDERS AND RESTRICTIONS ON THEIR MOVEMENTS.

After the publication of a notification 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 therein specified; (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; (c) to allow his finger and palm impressions, foot-prints and photographs to be taken: Provided that the name, previous convictions and other prescribed particulars of a habitual offender shall not be entered in the Register unless after affording him a reasonable opportunity of showing cause why such entry should not be made: Provided further, that no entry relating to previous conviction of a habitual offender shall be made, unless the District Magistrate or the officer appointed by him in this behalf, has satisfied himself about the truth or otherwise of such previous conviction in the manner provided by section 511 of the Code.

(1) After the names, previous convictions and other prescribed particulars of habitual offenders in the district are entered in the Register, such Register shall be kept in the custody of the Superintendent of Police who shall, from time to time, report to the District Magistrate any alterations which ought, in his opinion, to be made therein. (2) When the Register is in the custody of the Superintendent of Police, no fresh entries shall be made in the Register, nor shall any entry be cancelled, except by or under an order in writing of the District Magistrate.

The District Magistrate or any officer appointed by him in this behalf, may, at any time, order the finger and palm impressions, foot-prints 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 State of Karnataka or outside, he shall notify the change or intended change to the District Magistrate of the district in which he is registered. (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 on such conditions as may appear reasonable to him.

(1) Where any registered offender changes his ordinary residence to another district within the State of Karnataka, the District Magistrate of the District in which the offender is registered, shall inform the District Magistrate of the other district about such change, and at the same time, furnish him with the name and other particulars of the registered offender. (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 and inform the District Magistrate of the first district about such registration and thereupon such District Magistrate shall cancel from his Register the entry relating to that offender. (3) Where a registered offender changes his ordinary residence to another district, outside the State of Karnataka, the District Magistrate of the first district shall, while furnishing the District Magistrate of the other district, with the name and the 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 receipt of such information, the District Magistrate of the first district shall cancel from his Register the entry relating to that offender. (4) Upon the entry of the name and other particulars of the registered offender in the Register 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.

(3) Notwithstanding anything contained in sub-sections (1) and (2), 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 from the date of his release from such imprisonment.

(1) Any person deeming himself aggrieved by the registration or re-registration of his name under section 4 or, as the case may be, under section 9, or by an order under sub-section (2) of section 7, may, within the prescribed period make a representation to the State Government against such registration, re-registration or order. (2) The State Government shall, after considering the representation and giving the aggrieved person an opportunity of being heard in the prescribed manner, if necessary 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 State Government, it is necessary or expedient in the interests of the general public so to do, the State Government may, by order, direct that any registered offender shall be restricted in his movement to such area (hereinafter called the “restriction area”), and for such period not exceeding three years as may be specified in the order. (2) Before making any such order, the State Government shall take into consideration the following matters, namely:— (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 honest and settled way of life and is not merely a pretence for the purpose of facilitating commission of offences; (c) the suitability of the area to which his movements are to be restricted; and (d) the manner in which the registered offender may earn his living within the restriction 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.

The State 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 State Government shall consider the matters referred to in sub-section (2) of section 11, in so far as they may be applicable.