section 15
Power to direct habitual offenders to receive corrective training.
The Bombay Habitual Offenders Act, 1959General195927 sections5 chapters
Chapter III CORRECTIVE TRAINING OF HABITUAL OFFENDERS
Statutory text
- (1) Where the State Government is satisfied from the report of the District Magistrate or otherwise, that it is expedient with a view to the reformation of a registered offender and the prevention of crime, that the registered offender should receive training of a corrective character for a substantial period, the State Government may by order in writing direct that the registered offender shall receive training of a corrective character for such period, not exceeding the duration of his registration or re-registration, as may be specified in the order.
- (2) Where a habitual offender, who is not more than forty years of age,-
- (a) is convicted of any offence punishable with imprisonment, or
- (b) is required in pursuance of section 110 of the Code to execute a bond for his good behaviour, and the Court or the Magistrate is satisfied from the evidence in the case and other materials on record 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 or the Magistrate may, in lieu of sentencing him for such offence or, as the case may be, requiring him to execute such bond, direct that he shall receive corrective training for such term of not less than two or more than five years, as the Court or the Magistrate may determine.
- (3) Before giving any direction under sub-section (1) or sub-section (2) the State Government, the Court or the Magistrate, as the case may be, shall-
- (a) consult the officer prescribed on the capacity of the corrective settlements to receive the habitual offender,
- (b) take into consideration the physical and mental condition of the offender and his suitability for receiving corrective training in a corrective settlement, and
- (c) give a reasonable opportunity to the offender to show cause why such direction should not be given.
- (4) A habitual offender, in respect of whom a direction to receive corrective training has been made, shall be placed in a corrective settlement for the term of his training, and while in such settlement shall be treated in such manner and receive such training as may be prescribed.
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