[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 (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
[12][12]Substituted, for the words
“Local Government”, by the Government of India (Adaptation of Indian Laws)
Order, 1937 as amended by the Government of India (Adaptation of Indian Laws)
Supplementary Order, 1937.
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