[26 April 1918 ]
An Act for restricting the movements of habitual offenders
in the Punjab and for requiring them to report
themselves.
WHEREAS it is expedient to make provision
for restricting the movements of habitual offenders in the Punjab and requiring
habitual offenders in the Punjab to report themselves, and whereas the previous
sanction of the Governor-General in Council has been obtained under section
79(2) of the Government of India Act, 1915, to the passing of this Act:---
It is
hereby enacted as follows:---
1. Title and extent.— (a) This Act may be called the Restriction of Habitual
Offenders (Punjab ) Act, 1918.
(b) It extends to the Punjab .
2. Scope of order of restriction.— An “Order of restriction” passed under this Act may
restrict a person in his movements to any area prescribed in the order; or it
may require a person to report himself at times and places and in the mode
prescribed in the order; or it may do both.
3. Order of restriction against habitual
offenders.— (a) In any case in which a
Magistrate may, under the provisions of section 110 of the Code of Criminal
Procedure, 1898[3][3], as it is at present enacted or as it may from time to time
be amended, require a person to show cause why he should not be ordered to
execute a bond for his good behaviour, the Magistrate may in lieu of or in
addition to so doing require such person to show cause why an order of
restriction should not be made against him.
(b) -Joint proceedings and record.— If the Magistrate in addition to
requiring such person to show cause why he should not be ordered to execute a
bond for his good behaviour, requires him to show cause why an order of
restriction should not be made against him, the proceedings in respect of the
order of restriction may be taken jointly with the proceedings in respect of
security and may be entered in and form part of the same record.
4. Procedure in making order of
restriction.— When a
Magistrate deems it necessary to require a person to show cause why an order of
restriction should not be made against him, he shall follow as nearly as may be
the procedure laid down in sections 112, 113, 114, 115 and 117 of the Code of
Criminal Procedure, 1898[4][4]:
Provided
that,---
(1) the order in writing referred to in section
112 of the said 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; but it need not state whether the order
of restriction shall be an order restricting the person to any area or
requiring him to report himself or doing both; and
(2) for the purposes of section 117(2) of the
said Code an order of restriction shall be deemed to be equivalent to an order
requiring security for good behaviour.
5. Issue of warrant in lieu of or in
addition to summons.—
The provisions of section 90 of the Code of Criminal Procedure, 1898[5][5], shall be applicable to proceedings under this Act as if
they were proceedings under the said Code.
6. Discharge of person informed against.— If upon enquiry made in accordance with the preceding
sections, the Magistrate is of opinion that no order of restriction is
necessary, the Magistrate shall make an entry to that effect on the record, and
if he does not order the execution of a bond for good behaviour he shall if
such person is in custody only for purposes of the enquiry release him or if
such person is not in custody discharge him.
7. Making of order of restriction.— If upon enquiry as aforesaid the Magistrate is of opinion
that an order of restriction should be made against any person in respect of
whom the enquiry is being made, the Magistrate shall make an order accordingly:
Provided
that he shall not make an order of restriction against any person, against whom
he makes an order under section 118 of the Code of Criminal Procedure, 1898[6][6], requiring such person to execute a bond for his good
behaviour.
Particulars to be specified in order of
restriction.— In his order under this section the Magistrate shall state
whether the said person shall be restricted in his movements or shall be
required to report himself, or both. The order shall conform to any rules made
by the [7][7][Provincial Government] under section 16 and shall specify
the area and the nature of the restrictions to be imposed and the places and
the times and mode of report, as the case may be.
No order of
restriction shall be for a term exceeding three years or for a term longer than
that specified in the order under section 4.
8. Order of restriction under section 123
(3) of Criminal Procedure Code.—
(1) An order passed by a Sessions Judge under section 123(3) of the Code of
Criminal Procedure, 1898[8][8], may substitute for an order requiring security an order of
restriction for the same or a less period.
(2) Order
of restriction against convicted offender.— In any case in which a Court or
Magistrate is empowered to take action against any convicted person under
section 565 of the Code of Criminal Procedure, 1898[9][9], such Court or Magistrate may if it or he thinks fit at the
time of passing sentence on such person and in lieu of passing an order under
the said section make an order of restriction against such person for a period
not exceeding three years from the date of the expiry of such sentence.
(3) If such conviction is set aside on
appeal or otherwise, such order shall become void.
9. Means of livelihood within area of
restriction.— (1) No order
shall be made restricting any person to any area unless the Court or Magistrate
making the order is satisfied that such person has adequate means of earning
his livelihood within the area of restriction:---
Provided
that before making such order the Court or Magistrate shall record and consider
any objection which such person may urge in regard to the area proposed.
(2) Change of area where means of livelihood
are insufficient.— If at any time any person against whom an order of
restriction has been passed under this Act satisfies the Court or Magistrate
passing the order or the District Magistrate that he has no sufficient means of
earning his livelihood within the area to which he is restricted the Court or
Magistrate shall change the area.
10. Power to cancel
order of restriction.—
The District Magistrate may at any time for sufficient reasons to be recorded
in writing cancel any order of restriction passed by any Court having
jurisdiction in his district.
11. Power
to vary area of restriction.— The District Magistrate may at any time change the area
to which the movements of any person have been restricted by an order of
restriction passed under this Act:---
Provided
that such person shall be given an opportunity of showing cause why such change
should not be made.
12. Power to
substitute order of restriction for bond for good behaviour.— When an order requiring security for good behaviour has
been made against any person under section 118 of the Code of Criminal
Procedure, 1898[10][10], by any Court whether before or after this Act comes into
force, the District Magistrate may at any time before the period of security
has expired substitute therefor an order of restriction:
Provided
that,---
(a) the period of the order of restriction shall
not exceed the unexpired period of security: and
(b) no order of restriction shall be passed
against any person under this section until he has been given an opportunity of
showing cause why such order should not be passed.
13. Appeal.— Any person against whom an order of restriction has been
passed by any Magistrate other than District Magistrate may appeal to the
District Magistrate to have the order set aside.
14. Applicability of
the Code of Criminal Procedure to appeals and revisions.— The provisions of the Code of Criminal Procedure, 1898[11][11], shall be applicable to appeals and petitions of revision
under this Act as if they were appeals and petitions of revision presented
under the said Code.
15. Arrest of person
found beyond prescribed limits.—
(1) If any person against whom an order of restriction under this Act has been
passed is found in any place beyond the area to which his movements have been
restricted, without the pass prescribed by the rules made under this Act, or at
a time or in place not permitted by the conditions of his pass, he may be
arrested without warrant by any police officer, zaildar, inamdar, village
headman or village watchman.
(2) Any person, not being a police officer,
making an arrest under this section shall without unnecessary delay make over
the person so arrested to a police officer, or, in the absence of a police
officer, take or send such person to the nearest police station.
16. Power to make
rules.— The [12][12][Provincial Government] may make rules[13][13] to provide for and regulate,---
(i) the areas to which persons may be restricted
under this Act and the nature of the restrictions to be observed by them;
(ii) the times and places at which and the mode in
which persons shall report themselves when required to do so under this Act;
(iii) the conditions as to holding passes under
which persons may be permitted to leave the area to which their movements have
been restricted;
(iv) the conditions to be inserted in any such
pass in regard to,---
(a) the places to which the holder of the pass
may or may not go;
(b) the persons before whom from time to time he
shall be bound to present himself; and
(c) the time during which he may be absent.
17. Penalties.— (1) Whoever being a person against whom an order of
restriction under this Act has been passed violates such order or any rule made
under this Act, shall on conviction by a Magistrate of the first class be
punished,---
(a) on a first conviction with imprisonment of
either description for term which may extend to one year, or with fine, or with
both;
(b) on a second conviction with imprisonment of
either description for a term which may extend to two years;
(c) on any subsequent conviction with
imprisonment of either description for a term which may extend to three years.
(2) Period of imprisonment to be excluded from period
of order of restriction.— In computing the period for which an order of
restriction shall remain in force, any period of imprisonment undergone in
execution of a sentence passed under sub-section (1) of this section shall be
excluded.
[1][1]For statement
of objects and reasons, see Punjab Gazette, 1918. Part V, pages 53-55; for Report
of the Select Committee, see ibid., pages
59-63; for proceedings in Council, see
ibid., pages 15-21, 109-130 and 132-150.
[2][2]This Act
received the assent of the Lieutenant-Governor of the Punjab on 14th March,
1918; that of the Governor-General on 2nd May, 1918; and, was published in the Punjab Gazette Part V, dated 26th April,
1918, pages 340-42.
[7][7]Substituted,
for the words “Local Government”, by the Government of India India
[12][12]Substituted,
for the words “Local Government”, by the Government of India India
No comments:
Post a Comment