THE RESTRICTION OF HABITUAL
OFFENDERS (PUNJAB) ACT, 1918.
PUNJAB ACT, V OF 1918.
CONTENTS
PREAMBLE.
Sections.
1. Title and extent.
2. Scope of order of restriction.
3. Order of restriction against
habitual offenders.
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 specified in order of restriction,
8. Order of restriction under
section 123 (3) of Criminal Procedure Code. Order of restriction against convicted offender.
9. Means of livelihood within area
of restriction, Change of area where means of livelihood
are insufficient.
10. Power to cancel order of
restriction.
11. Power to vary area of
restriction.
12. Power to substitute order
of restriction for 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. Penalties.
Period of imprisonment to be
excluded from period of order of restriction.
THE
RESTRICTION OF HABITUAL OFFENDERS
(PUNJAB) ACT, 1918.
Punjab Act, V of 1918.
[Received 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 Punjab Gazette of the
26th April, 1918].
An Act for restricting the
movements of habitual offenders in the [Khyber
Pakhtunkhwa] and for requiring them to report themselves.
WHEREAS it is expedient to
make provision for restricting the movements of habitual offenders in the [Khyber
Pakhtunkhwa] and requiring habitual offenders in the [Khyber
Pakhtunkhwa] 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 the is Act: it is hereby
enacted as follows:—
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1. (a)
This Act may be called the Restriction of Habitual Offenders (Punjab) Act,
1918.
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Title and extent.
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(b) It extends to the Province of the [Khyber
Pakhtunkhwa].
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2. An
"Order of restriction" passed under this Act may restrict a person
in his movements to any area prescribed in the order: or
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Scope of order of
restriction.
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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.
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3. (a)
In any case in which a Magistrate may under the provisions of section 110 of
the Code of Criminal Procedure, 1898, 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.
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Order of restriction
against habitual offenders.
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(b) 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.
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Joint proceedings and
record.
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4. 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:
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Procedure in making
order of restriction
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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.
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5. The
provisions of section 90 of the Code of Criminal Procedure, 1898, shall be
applicable to proceedings under this Act as if they were proceedings under
the said Code.
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Issue of warrant in
lieu of or in addition to summons.
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6. 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.
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Discharge of person
informed against.
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7. 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:
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Making of order of
restriction.
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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, requiring such
person to execute a bond for his good behaviour.
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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 [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.
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Particulars to be
specified in order of restriction.
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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.
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8. (1)
An order passed by a Sessions Judge under section 123 (3) of the Code of
Criminal Procedure, 1898, may substitute for an order requiring security an
order of restriction for the same or a less period.
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Order of restriction
under section 123 (3) of Criminal Procedure Code.
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(2) 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. such Court or Magistrate
may if it or he thinks tit 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.
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Order of restriction
against convicted offender.
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(3) If such conviction is set aside
on appeal or otherwise, such order shall become void.
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9. (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.
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Means of livelihood
within area of restriction.
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(2) 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,
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Change of area where
means of livelihood are insufficient.
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10. The District Magistrate may at any time for sufficient
reason to be recorded in writing cancel any order of restriction passed by
any Court having jurisdiction in his District.
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Power to cancel order
of restriction.
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11. 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:
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Power to vary area of
restriction.
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Provided that such person shall be
given an opportunity of showing cause why such change should not be made.
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12. When an order requiring security for good behaviour has been
made against any person under section 118 of the Code of Criminal Procedure,
1898, 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 there for an order of restriction:
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Power to substitute
order of restriction for bond for good behaviour.
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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.
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13. Any person against whom an order of restriction has been passed
by any Magistrate other than a District Magistrate may appeal to the District
Magistrate to have the order set aside.
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Appeal.
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14. The provisions of the Code of Criminal Procedure, 1898,
shall be applicable to appeals and petitions of revision under this Act as if
they are appeals and petitions of revision presented under the said Code
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Applicability of the
Code of criminal Procedure to app-eals and revision.
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15. (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 a 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.
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Arrest of person found
beyond prescribed limits.
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(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.
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16. The [Provincial
Government] may make rules to provide for and regulate—
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Power to make rules.
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(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 as 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.
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17. (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—
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Penalties.
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(a) on
a first conviction with imprisonment of either description for a 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.
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(2) In computing the period for which an order of restriction
shall remain in force, any period of imprisonment under gone in
execution of sentence passed under sub-section (1) of this section shall be
excluded.
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Period of imprisonment
to be excluded from period of order of restriction.
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