The Restriction of Habitual Offenders (Punjab) Act, 1918

1918 : Pb. Act V.] RESTRICTION OF HABITUAL 561 . OFFENDERS THE RESTRICTION OF HABITUAL OFFENDERS (PUNJAB) ACT, 1918. ARRANGEMENTS OF SECTIONS. SEecTroNs, 1. Title and Extent. E 2. Scope of order of restriction. 0 3. (a) Order of restriction against habitual offenders, (b) Joint proceedings and record. 4. Procedure in making order of restriction. 5. Issue of warrant in lieu of or in addition to summons. 6. Discharge of person informed against. 7. Making of order of restriction. Particulars to be speci- fied in order of restriction. 8. (i) Order of restriction under section 123(3) of Criminal Procedure Code. i (ii) Order of restriction against convinced offender. 9. Means of livelihood within area of restriction. 10. Change of area where means of livelihood are insuffi- cient. 11. Power to cancel order of restriction. 12. Power to substitute or add bond for good behaviour. 13. Appeal. 14. Applicability of the Code of Criminal Procedure to appeals and revisions. 15. Arrest of person found beyond prescribed limits. 16. Power to make rules. 17. (i) Pénalties. (ii) Period of imprisonment to be excluded period of order of restriction. order of restriction for or to from 1918 : Pb. Act V.| RESTRICTION OF HABITUAL 563 OFFENDERS 'THE RESTRICTION OF HARITUAL OFFENDERS (PUNJAB) ACT, 1918. (PunJgaB Act V orF 1918) ‘IReccived the assent of the Lieutenant—Governor»of the Punjab on the 14th March, 1918, and that of the Governor-General on the 2nd April, 1918, and was first ~ published in the Punjab Gazette of the 26th April, 1918.] 3 | 4 i Year | No. Short title [ Whether repsaled or othermise | ‘ affected by legislation 1918 | v [ The Restriction of Habi-| Amended by the Government of i | tual Offenders (Punjab)| India (Adaptation of Indian | | Act, 1918 Laws) Order, 1937, ! Amended by East Punjab Act f | J XXI of 1949.8 h { Amendment by the Adaptation of f | Laws @rder, 1950 1 Amended by the Adaptation of | Laws (Third Amendment) Order, 195° Extended to the territories which, | imme "iately beforc the Ist Nov- ember, 1956, were comprised in the States of Patiala and FEast Punjab States Union by Punjab Act No. 23 of 19604 Amendcd by Punjab Act 25 of & 1964° ) . Amendment by the Punjab Rcor- ganisation (Chandigarh) (Adapta- tion of Laws on S'ate and Concurrent Subjects) Qrder, 1968 “For Stztement of Objects and Reasons, see Punjab Gazette, 1918, Part V, pages 53 to 55; for Report of Select Committee, see Punjab Gazette, Part V, pages 59—63; for Proceedings in Council, see ibid, Part V, 1918, pages 15—21, 109—130 and 132—150. ZSee Punjab Gazette, 1918, Part V, pages 340 to 343. 3For Statement of Objects and Reasons, see East Punjab Govern- ment Gazette, 1949 (Extrzordinary), page 966, and for Proceedings in Assembly, see East Punjab Legislative Assembly Debates, Vol. 1V, 1(44) and 1(45). ‘For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1960, page 594. SFor Stztement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964, page 935—37. g ‘ [ 564 RESTRICTION OF HABITUAL [1918 : Ph. A v, ’ OFFENDERS An Act for restricting the movements of habitual offend,,, "in "Punjab and for requiring them to report themsely es. WHEREAS it is expedient to make provis_ionl for Testriet. ing the movements of habitual ofl’er}ders in "Punjab anq requiring habitual offenders in 'Punjab to report themge|. ves, 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 :— Titte and ox- 1. (a) This Act may be called the Restriction of tent Habitual Offenders (Punjab) Act, 1918. (b) It extends to *[Union territory of Chandigarh]. S eoder 2. An “Order of restriction” passed under this Act of restriction 1 av restrict a person in his movements to any area pres. cribed in the order ; or it may require a persop to report himself at times and places and in the mode prescribed in the order ; or it may do both. Order of res- 3. (a) In any case in which a Magistrate may under ;’;b‘l’j’:a] af;f,;::fthe provisions of section 110 of the Code of Criminal Proce- ders. dure, 1898, as it s 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 be- haviour, 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, Joint procesd- (D) If the Magistrate in addition to requiring such ings znd record. person to show cause why he should not be .ordered to execute a hond 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. ISubstituted for the words ‘East Punjab” (which had been insert- ed for the words “The Punjab” by the Ifldian(lndependenm (Adapta- tion of Bengal ang Punjab Acts)) Order, 1948, by the Adaptation of Laws (Th.ird Amendment) Order, 1951, *Substituted for the word “Punjab” by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1988, " Vol 1898, L RS R T R T R R ST R e g 65 w 1918 : Ph. Act V.] RESTRICTION OF HABITUAL OFFENDERS 4. When a Magistrate deems it necessary to require a mfl’ffr";‘d{t‘”;? L person to show cause why an order of restriction should restriction, not be made against him, he shall follow as nearly as may v of be the procedure laid down in sections 112, 113, 114, 115 %% and 117 of the Code of Criminal Procedure, 1898. 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 res- triction 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. The provisions of section 90 of the Code of Crimi- Issue of war- nal Procedure, 1898, shall be applicable to proceedings [ samitics °F o v orunder this Act as if they were proceedings under the said summons. %, Code. 6. If upon enquiry made in accordance with the Discharge of preceding sections the Magistrate is of opinion that no order Joiine,. intormed of restriction is necessary, the Magistrate shall make an ‘entrv 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 re- lease him or if such person is not in custody discharge him. 7. If upon enquiry as aforesaid the Magistrate is of Making of opinion that an order of restriction should be made against uo,,' Sf deatrics any person in respect of whom the enquiry is being made, the Magistrate shall make an order accordingly. * - * * *1 L L ’Pruu.s,o omnted b} East Punjab Acl. No. X}sI of 1949, section 2, 566 RESTRICTION OF HABITUAL [1918 : Ph. Act V. OFFENDERS Particulars 1o In his order under this section the Magistrate shqy LW e sostate whether the said person shall be restricted in his tion, & movements or shall be required to report himself, or hoty_ The order shall conform to any rules made by the *[Centra) Government] under section 16 and shall specify the areq 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 exceedin three years or for a term longer than that specified in the order under section 4. order of - 8 (1) An order passed by a Sessions Judge under triction 25 ™"() section 123(3) of the Code of Criminal Procedure, 1898, of Criminal Pro- may “|be in addition to] an.order of restriction for the same cedure Code. 4 5 Jess period. ioiger of 1% . (2) In any case in which a Court or Magistrate is convicted offen- empowered to take action against any convicted person der. under section 565 of the Code of Criminal Procedure, 1898, 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 restric- tion 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 other- wise, such order shall become void. MM;;"S "v’“:;:’]‘: 9. (1) No order shall be made restricting any person area. of | res to any area unless the Court or Magistrate making the order triction. 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 urgeé in regard to the area proposed." Change of area (2) If at any time any person against whom an order where means of ot i i the livelihood are in. Of restriction has been passed under this Act satisfies sufficient. Court or Magistrate passing the order or the Distrigt 1Substituted for the words “State Government” by the Punjab Re- organisation (Chandigarh) '(Adaptation of Laws on State and Con- current Subjects) Order, 1968, _ “Substituted for the words “substitute for an order requiring secu- rity”, by East Punjab Act XXI of 1949, section 3. . Vot 1898, Voot 1868, V of 1598, 1918 : Pbh. Act V.| RESTRICTION OF HABITUAL 567 OFFENDERS 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. The District Magistrate may at any time for Fowes to e sufficient reasons to be recorded in writing cancel any order fgcggg.er o e of restriction passed by any Court having jurisdiction in his district, ’ 11. The District Magistrate may at any time change Power to vary the area to which the movements of any person have been :faena of restrie- restricted by an order of restriction passed under this Act : Provided that such person shall be given an opportu- nit% of showing cause why such change should not be made. 12. ‘When an order requiring security for good be- 5oV, Y a haviour has been made against any person under section tion to bond - for 118 of the Code of Criminal Procedure, 1898, by any Court €0°d behaviour. whether before or after this Act comes into force, the District Magistrate may at any time before the period of security has expired '[make in addition] an order of res- triction : 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. Any person against whom an order of restric- APpeal tion has been passed under this Act, may prefer an appeal,— (a) to the District Magistrate, if such order has been made by an Executive Magistrate sub- ordinate to him ; (b) to the Chief Judijcial Magistrate, if such order has been made by a Judicial Magistrate subor- dinate to him; (c) to the court of Session, if such order has been made by the District Magistrate or the Chief Judicial Magistrate; (d) to the High Court, in any other case.]” "-v‘;gl;‘l;slituled Io;flfl-l—e‘ words" “subsli(uléiheregf‘ by East Punjab Act XXI of 1949, section 4. § 2Substituted by Punjab Act -No. 25 of 1964. 568 RESTRICTION OF HARITUAL [1918 : PYy, Act y ‘ OFFENDERS ' Applicahitity of 14. The provisions of the Code of Criminal Pmcerlnre e s 1698, shall be applicable to appeals and petitions of revisior to aneeals andunder this Act as if - they were appeals and petitiong of iR 2o i : t St revision presented under the said Code. 1898 Arrest of per- . (1) If any rson against whom an son found be- 15 ( ) Y, be 8 ; order of vond prescribed Testriction under this Act has been passed is found ip limits. place beyond the area to which his movements have by, restricted, without the pass prescribed by the rules Made under this Act, or at a time or in a place not permitteq by. the conditions of his pass, he may be arrested Withou{ warrant by any police officer, zaildar, inamdar, village heaqd. man or village watchman. (2) Any person, not being a police officer, making ap 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 persons to the nearest police station. any Power to mzke 16. The [Central Government] may make rules to rules. 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 re- quired 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 (¢) the time during which he may be absent. Penalties. 17. (1) Whoever being a person against whom an order of restriction under this Act has been passed violates ‘Substituted for the words “State Government” by the Punjeb Re- organisation (Chandigarh) (Adaptation of Laws on State and Concurs rent Subjects) Order, 1968. 1918 : Pb. Act V.| RESTRICTION OF HABITUAL 569 OFFENDERS such order or any rule made under this Act, shall on con- viction by 'la Judicial Magistratel of the first class be punished— (a) on a first conviction with imprisonment of either description for a term which may extend to one Yyear, 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. f Period of im- (2) In computing the period for which an order of _* Py Pl o . o prisonment to be restriction shall remain in force, any period of imprisonment excluded from undergone in execution of a sentence passed under sub- l;?“;’gs ugzfig;der section (1) of this section shall be excluded. 1Substituted for the words “a Magistrate” by Punjab Act No. 25 of 1964.