section 7
Corrective settlements.
The Rajasthan Habitual Offenders Act, 1953General195316 sections
Statutory text
- (1) The State Government may, by notification in he Official Gazette, establish and maintain in the State as many corrective settlements as it thinks fit for the purpose of placing therein such offenders as are directed to receive corrective training under this Act.
- (2) The State Government may also approve or certify any privately managed institution (whether known as settlement or otherwise) as a corrective settlement for the purposes of this Act.
- (3) Where the State Government is satisfied from the report of the District Magistrate or otherwise that it is expedient with a view to there formation of a registered offender and the prevention of crime that the register offender should receive training of a corrective character for a substantial time, the State Government may, by an 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.
- (4) Where a habitual offender who is not more than forty years of age,-
- (a) is convicted of an offence punishable with imprisonment, or
- (b) is required, in pursuance of section 110 of the Code of Criminal Procedure, 1898 [Central Act 5 of 1898] to execute a bond for his good behaviour, and the court or 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 prevention of crime that he should receive training of a corrective character for a substantial time, 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 more than five years as the Court or the Magistrate may determine. (5)Before giving any direction under sub-section (3) or sub-section (4) the State Government or the Court or the Magistrate, as the case may be, shall- (a)take into consideration the physical and mental condition of the offender and his suitability for receiving corrective training in a corrective settlement, and
- (b) give a reasonable opportunity to the offender to show cause why such direction should not be made.
- (6) An offender, in respect of whom a direction to receive corrective training has been made, shall be placed in a corrective settlements for the term of his training and, while in such settlement, shall be treated in such manner as may be prescribed.
- (7) The State Government or any officer authorised by it in this behalf may at any time by order in writing direct any offender who may be in a corrective settlement to be transferred to another corrective settlement
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