The Kerala Habitual Offenders Act, 1960

ACT 28OI 1Y3D THE KERALA.HAB!TUAL OFFENDERS ACT, An Ac/to provide for the treatment and training oil-la bilual offenders. Theatnble. - whereas it is expedient to make provision for the treaunent and tic ing of habitual offendeis; Be it enacted in the Eleventh Year of the Republic of India as follows:— chanter I Preliminary I. Short Lit/c, extent and commencement. (I) This Act may be called the K llahitual Offenders Act, 1960. It extends to the whole of the State of Kerala ltshall come into force on such dare as the Government niay. by notifi lion in the Gazette. apjx)int: and different dates may be appointed for different povisioof this A ct. 2 Dc/in/Lions.— In this Act. unless the context otherwise requires,— 'Code' means the Code of Cimina1 Piocedtire. 1898: corrective settlement' 'neans any place established, approved or cciiied as a coircctive settlement under sec lion 13: District Magistrate' means the Collector of the dlisirict (dhabi1uaI offender' means a person who. dunng any continuous pziiocl I five years. whether before or after the commencement of this Act or partly before ai - partly after such commencemenL has I.een seliteliceci on conviction on not less than di -e occasions since he attained the age of eighteen yearn to a substantive term of impnsonment for any one or more of the scheduled offences committed on clif I ent occasions and not so connected together as to form parts of the same trarisactio such sentence not: having been reversed in appeal or on revision: Provided that in computing the continuous petiod of five years referred to abovi any penod spent in jail ciiher under a sentence of impnsonment or wdcr detentioniall not be taken into account (e) 'prescn bed' means presc ilbed by nil es under this Act (1) registered offender meana hbitua1 regis tered or re-registered under this Act; 'scheduled offence means an bifence ed in the Schedule or an offence analogous thereto:(cid:9) 1 'State means the State of 1K erala chapter II Registration of habitual offend s and Restriction of their 1110 VCU! Cn tS. 3. Power of Government to direct reisira lion habitual offenders. - The Government may direct the District Magistrate to ii e a register of habitual offenders Lames within his district by entering therein the and ther prescribed particulars of such offenders. 4. Procediur for prcpaiii,c' rccister df habitual For the purpose of clilienders.— carrying out the direcuon given under serion 3, the Disuict Magistrate or any officer appointed by him in this behalf shall, by iodce in th2 prescribed form to be served in the prescribed manner, call upon every habitual offende in the district,— to appear before him at a dine id place in the notice; to furnish such infonnadort as diay be ne ssary to enable him to enter the name and other prescribed particulars of the habitu offender in the register; and to allow Lhe finger and palm inij1ressions, prints, and photographs of the habitual offender to be taken: Providccl that die name and other prescribed culais of a habitual offender shall not be entered in the rcgistcr inilcss ic h4 been aff I reasonable opportunity of showing cause why such enuy should no be made. 5. Charge of register and al/era lions therein.-- 1) The register shall be placed in the custody of the Supenntendent of Police of the distii concerned, who shall, from time to time, report to die District Magistrate any alteration which ought in his opinion to be made therein.(cid:9) F (2) After die register has been placed in the stocly oldie S upen ntendent of Police no fresh cnuy shall be made in the register, it r shall any enuy be cancelled, except by, or uider an order in writing oldie Disui Magistrate. 6. Power to Lake linger and palni impressions, footuprints and photographs at any time—The District Magistrate or any officer appointed by him in this behalf may at any time order the finger and palm impressions, foot- prints and photographs of any registered offender to be taken. - (1) 7. Registered offenders to notify change of residence and to report themselves. Eveiy registered offender shall notify to such authority and in such manner as may be prescribed any change or intended change of his ordinary residence: Provided that where such offender changes or intends to change his ordinary residence to another district (whether within the State or not) he hail notify the change or intended change to the District Magistrate. (2) The District Magistrate may, by order in writing direct that any registered offender shall— report himself once in each month or, where the District Magistrate for reasons specified in the order so directs, more frequently, to such authority and in such manner as may be specified in the order, and notify any absence or intended absence from his ordinary residence to the aforesaid authority: Provided that the District Magistrate may exempt any such offender from notifying any absence or intended absence from his ordinary residence for such period and under such conditions as to him may appear reasonable. 8. Procedure by District Magistrate on change of residence of ha bitual offender to another disLrict. —(1) Where any registered offender changes his ordinary residence to another district within the State, the District Magistrate of the district in which the offender is registered shall infonTi the District Magistrate of the other district about such change and at the same time furnish him with the name and other particulars of the registered offender. (2) On the i-eceipt of such information, the District Magis tate of the other district shall enter in his register the name and other particulars of the registered offender furnished to him and inform the District Magistrate of the first district about such registration and thereupon such District Magistrate shall cancel from his register the entxy relating to that offender Provided that where a registered offender changes his ordinary residence to another district outside the State, the District Magistrate of the first district shall furnish the District Magistrate of the other district with the name and other particulars of the registered offender, and make a request to that District Magistrate that he may be informed of the steps, if any, which may have been taken in relation to the offender under any law relating to the treatment and training of habitua] offenders for the time being in force in that other clistric arid upon the redeipt of: infonnation the District Magistrate of the first district shall cancel from his ster the entiy relating to that offender.(cid:9) 1 (3) Upon the enuy of the na'iie and other parlicuars of a registered offender in the register under sub-section (2), the provisio;-is of this A ck and the rules made thereunder shall apply to him as if he has been registerd, in pursuince of a direction given under section 3, in the register of the district: to which he has ilianged his ordinaiy residence. 9. DUra 1/on of registration and re-registrAtion of lia/Jitual offenders - (I) The registration of a habitual offender under this Act shall, inless eaiiier cancelled, cease to be in force on the exphy of five years from the date of uch registration, and on such cancellation or expiiy the habitual offender bhall cease 10 be a registered offender. (2) Notwithstanding the cancellation, orexpiiy 0 dura don of registration, a habitual offender may be re-registered in acbrdance w th the provisions of this Act relating to registration is often as he is comiicted of oi or more of the scheduled offences at any time after such cancellation br expiiy. d the re-registration shall, unless earlier cancelled, cease to be in force on theexpiiy off {'e years from the date of such re- regis tration. (3) Notwithstanding anything containd in sub-sE ions (1) and (2), where a registered offender is, during the penod of registration re-registration, convicted of one or more of the scheduled of fences and sentericed to a st ;tantive term of i niprisonment the cluiBtion of registration or re-registration shall be ex ided for a period of five years from die date of his release horn such imprisonment. 10. R1g1i( to make representa lions against regis/ia I/o etc. - (1) Any person deeming himself aggrieved by the registration under section 4, ot - registrati on or extension of the duration of rcgislrarion or re-registration, as the cas' iay be, under section 9 or by an order undersub section (2) of sectionn 7. may within die escribed period make a representation to the C. overnnent against such registrati re-registration, extension or order. (2) The Government shall, alter coasidnng the rel1resentation and giving the aggrieved peison an opportunity of being heard, either c*nf inn or cancel the registration, rn-regis tration. extension or order, as the case may be, and shall, in the case of confinnation, record a brief statement of the reasons ther1on I. Power to restrict mo ;'ements of registered offendej - (1) If in the opinion of the Government it is necessaiy or expedient inhiriet interests 'the general public so to do, the C overnnient may by order direct that any registered c coder shall be restricted in his movements to such area and for such penod not exceedir three years as may be specified ii the nrde-. (2) Before niaki rig any such order die Government shall take into considerapn the following maiters, namely: - the natut of die offences of which die registered offender has been convicted and the circur tsiances in which the offences were committed whether die registered offender follows any lawful occupation and whether such occupation is conducive to an honest and settled way of life and is not merely a pretence for the purpose of facilitating the commission of offences:(cid:9) I the suitability of the area to which his movements are to be restrictedt and the manner in which the registered offender may earn his living within such area, and the adequacy of arrange ments which are, or are likely to be, available threfor. (3) A copy of the order shall be served on the registered offender in the presdibed manner. Power 10 cancel or alter restrictions of movements. - The Government mayJ by order, cancel any order made under section 11 or alter any area specified in an order under that section Prnvicted that before making such order the Government shall consider the mtten referred to in sub-section (2) of section 11 in so far as they may be applicable. chapter III C orrectivc Training of 1-lahitual offenders Corrective settlements.— (1) The Government may, by notification in die Gazette, establish and maintain in the State as many corrective settlements as they think fit for the purpose of placing therein such habitual offenders as are directed to receive con'edtive fining under this Act (2) The G overnnient may also appiDve or ceify any privately- managed institution (whether known as settlement or otherwise) or ally institution n.ni by the State Social Welfare Advisory Board as a corrective settlement for the purposes of thiAcL Power to direct habitual offenders to receive corrective training. - (1) Wh&e the Government are satisfied from the report of the Disuict Magistrate or otherwise that it is expedient with a view to the reformation of a registered offender and die preveniibn of cn me that the registered offender should receive training of a corrective cIiaracter for a substantial penod. die G overnment may, by order in writing, direct that the registhred offender shall receive training of a corrective character for such period, not exceeding the durrrtion of his registration or re-registration, as may be specified in the order. (2) Where a habitual offender , wh10 is not mo than forty years of age,— is convicted of any scheduled offer is required in J)UISLlance of section for his good behaviour, .10 of die Code to execute a bond and the court or the Magistrate is satisfied from die e dence in die case and other materials on record that it is expedient With a view tc is refonnation and the prevention of crime that he should receive training oia COIThCtiV character for a subs tanlial period, the court or the Magistrate may, in lieu of sentencing mi for such offence or, as the case may be, requinng him to execute such botid, direct di training for such term of not less than twoand not mc lie shall receive corrective Magistrate may dererniine.(cid:9) than five years as the court or the I I (3) Before giving(cid:9) any direction under sub- (I) or sub-section (2) the C ovell"llent or the coiu-t or the Magisirate as the ay be, shall— take into c0nsiderauo11 the jhysical an conch don of the offender and his suitability for receiving con -ective 6ininR in lye settlement and give a reasonable opportuni(!y to the ofl to show cause why such direction should not be given. (4) A habitual offender , in respect ofwhom a di to receive corrective training has been made, shall be placed in corrective rent for die term of his s tr c a n i n b i e n d g . and while in such settlement shall be treated ii manner as may be pre .15. Power to transfer from correc tii'e see tie/pent ~ - C ovemnient or any officer authotised by them in this behalf may at ai ly time by oi in writing direct any habitual offender who may be in a corrective seuieniènt to be tr erred to another corrective settlement. cl!au(cr IV Penalties and Procedu 16. Penalty for/allure to comply wit/i certAin pro visit of die Act—A habitual offender' who, without lawful excuse, die builen of proi which shall lie upon hini— (a) fails to appear in conipliancewiffi a nod issued under section 4; or (b) intentionally omits lo fUnniSh ,a ny inforn adon required under that section or furnishes as true any infoniiauon which li knows, or I as reason or does not believe to be J1,je or(cid:9) I to believe, to be false refuses to allow his finger and painl impressions, foot prints and photograph to be taken by any person acting under an order passed under section or fails to comply with the provisions of sub-section (1) of section 7 r with an order of the District Magistrate under sub-section (2) of that section or with an order under section .11. may be arrested without warrant and shall be punishable,— (I) on first conviction, with imprisonment for a term which may to six months or with fine which may extend to two hundred rupees or with both (ii) on a second or subsequent conviction, with inipri sonment fo term which may extend to one year or with fine which may extend to five hundred iiior with both: Provided that if the court, after taking into consideration the offender'sge and physical and mental condition and his suitabili for receiving ining of a coctiv chawacter in a corrective settlement is satisfied that it is expedient with a view to is reformation and the prevention of crime that he should receive training of a cone&ive character for a substantial period the court may, in lieu of sentencing the offenderto any punishment under clause (d), direct, after giving him an opportunity of showing cause, that he shall receive corrective traihing in a corrective settlement for such term no! exceeding thee years as it may determine. 17. Arrest of persons found outside restriction area or correc live settlement—ha ny person,— (cid:9) I is found outsjde the area to which his movements have been reslii'cted in contravention of the conditions under which he is peniiitted to leave such area, on escapes from any corrective settlement in which he is placed, he may be arrested without warrant by a police officer and taken befor a Magistrate who, on proof of the facts, may order him to be removed to .such arear to such corrective settlement there to be dealt with in accordance with this Act and te rules macla thereunder.(cid:9) I chapter V Misc ellan cc '.is 18. Bar of jurisdiction of courts,(cid:9) !Vb court shall question the validity of any or or (cid:9)issued or made under this act. 19. Bar of legal proceedliws .- No pmsecuon or other legal proceedings shall lie against any person for anything whi' in good Ilaith done or Intended to be done under this Act. Power to de/egaie.— The Governt&nt may, by notification in the Gazette, direct that any power exercisable by Eheni undet this Act e 4cept the powers under sections 11, 12 and 21 may also be exernisecl subject to such conditions, if any, as may be specified in the notification by such officer not belov the rank of a District Magistrate as may be specified therein Power to make rules.— (1) The Gc!vemnient nay, by notification in the Gazette, make rules for carrying out the pur- poses f this Act (2) In particular, and without prqjudice to die generality of the foregoing power, such rules may provide for all or any of die following matters, namely: - the fonii of notice under section 4 nd the manner in which such notice may be served;(cid:9) I(cid:9) I the form of die registcYoi habitualoffenders and the particulars to be entered therein;(cid:9) I the authonly to whom and the ii r i n which any change or intended change Of ordinary residence shall be nod under sub-section (1) of section 7(cid:9) I ((cid:9) the nature of restrictiorcs to be by registered offenders whose movements have been resUjcted. I (e) the grant of certificate f identityt registered offen ders and inspection of such certificate;(cid:9) I (1) die conditions under which the of42nders may be per mittS to leave the area to which their movements have ben rest)ictec or the corrective settlements in which they have been placed;(cid:9) I(cid:9) I the teniis upon which be discharged from corrective settlements; the working managenenL cont and supervision of con-ective settlements, including the discipline and conduct of I ;ons placed therein; the conditions for, ancltFie niannerof, or certifying privately- managed settlements; 0) the appointment of non-offlcis visitors corrective settlements; (k) the conditions and circumstances under which meni hers of the family of a habitual offender may be penuilted to stay with him in a corrective settlement I (I) the peilodical review of the cases of all persons whose mc been restiicted or who are placed in corrective settlements under this Act (m) any other matter which is to be, or may be, pies cnbbed. In n iking ruics under this Act the Government may provide that a contmvendon of any of the rules shall be punishable with floe which may extend to one hundred rupees. All rules made under this Act shall, as soon as may be after they are made, be laid before the Legislative Assembly for not less than fourteen days, and shall be stbject to such moth ficadons, whether by way of repeal or amendment, as the Assembly may make dtning the session in which they are so laid or the session immediately following. 22. Repeal -The Madras Resu-iction of Habitual Offenders A ct. 1948 (Madras Act VI of 1948), as in force in the Malabar distilct refenDd to in sub-section (2) of section 5 of the Slates Reorganisation Ad. 1956. is hereby repealed. THE SCI-IEDULE. ISee Section 2(g) I Offcnccs under the Indian Penal Code. chap icr XIII, Section 231 Counterfeiting coin. 232 C ounterfei dog I xli a' coin. 233. Making or selling instrument For counterfeiting coin. 234.Making or selling instnunent for couiteifeiting Indian coin. 235 Possession of instrument or matenal for the puipose of using the same for counterfeiting coin. 239 Delivety of coin possessed with knowledge that it is counterfeit. 240 Deliveiy of Indian coin, possessed With knowlei that it is counterfeit 242 Possession of counterfeit coin by peison who ki it to be counterfeit when he became possessed thereof. 243 Possession of Indian coin by person who knew i to be counterfeit when he became possessed thereof.(cid:9) I xv'. t6 304 Culpable homicide not aniounting murder. 307 A itenipt to murdei 308 A itenipt to commit cut pable 324 Voluntarily causing hurt by dange ir means. 325 Voluntarily causing gnevous huit 326 Voluntarily causing grievous hurt or means. 327.Voluntarily causing hurt to extort or t4 constrain to an illegal act 328 Causing hurt by means of poison. with i nteht to commit an offence. 329 Voluntarily causing gnevous hurt or to constrain to an illegal act 347 Wrongful confinement to extort or co4 strain to illegal act 365 Kidnapping or abducting with intentsecretiy an I wrongfully to confine person 366A Procuration of minor girl 366B Importation of girl from foreign countly. 368 Wrongfully concealing or keeping in: confinenic t, kidnapped or abducted person 369 Kidnapping or abducting child under ten years intent to steal from its person CHAPTER XV1I 379 ThefL 380 Theft in dwelling house, etc. 382 Theft after preparation macic for causing death, hurt or resUnt in order committing of the deft 384 Extortion. 385 Putting person in feaj' of injury in order to commit extortion. 386 Extortion by putting a person in fear of death or grievous hurt 387 Putting person in fear off death or of gnevous hurt in order to commit 392 Robbery. 393 A iiempt to robbery. COn1IIIJL 394 Voluntarily causing hurt in coniniitdng robbery. 395 .Dacoity. 397 Robbery or dacoity with aaempt to cause death or gnevous hurt 398 A 1ternpt to commit robbery or dacoily when anned with deadly weapon, 399 Making preparation to commit dacoi ty 403 l3elonging t:o a gang of dacoits. 401 Belonging to a gang of thieves Section 402 Assembling for puvose of committing dacoily. 411 Dishonesdy receiving stolen property. 412 Dishonestly receiving property stolen in die corn mission of dacoity. 414 Assisting in concealment of stolen property. 420 Cheating and dishonestly inducing delivery of pro pert)'. 451 1-louse-trespass in order to comnit offence punish able with 4521-louse-trespass after preparation for hurt. assault or wrongful restraint 453 Lurking house-trespass or house-breaking. 454 Lurking house-trespass or house-breAking in on to commit offence punishable with impr son meut 455 Lurking house- trespass or house-breaking after parabon for hurt, assault or wrongful restraint 456 Lurking house- trespass or house-breaking by ni 457 Lurking house-trespass orhouse-brealcing by ni in order to commit offence punishable with im p1isoJenL 458 Lw(cid:9)- king Jlouso-u-espass or house-bre*i ng by ni after preparation for hurt, assault or wrongful resflnt 459 C rievous hurt caused whilst committing lLtrking use respass or house-breaking. 460 All persons jointly concerned in I urki ñg hoLise- I pass or house-breaking by night punishable where death or grievous hurt 4]Llsed by o of them. A betment oil OF attempt to commit, any of: the offeri mentioned in 1 above OF ellrr under the Sup press tori lninioral Traffic in We!!1dfl am! Girls A [,1956 Secdon 4 Living on the earnings of PIDSLdOfl. -