LexThe Himachal Pradesh Habitual Offenders Act, 1969
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER-II
REGISTRATION OF HABITUAL OFFENDERS AND
RESTRICTION OF THEIR MOVEMENTS
3. Power of Government to direct registration of ha bitual offenders.
4. Procedure for preparing a register of habitual o ffenders.
5. Charge of Register and alterations therein.
6. Powers to take finger and palm impressions, foot -prints and
photographs at any time.
7. Registered offenders to notify change of residen ce and to report
themselves.
8. Procedure by District Magistrate on change of re sidence of
habitual offender to other district.
9. Duration registration and re-registration of hab itual offenders.
10. Right to make representations against re-regist ration etc.
11. Power to restrict movements of registered offen ders.
12. Power to cancel or alter restrictions of moveme nts.
13. Powers under sections 11 and 12 also exercisabl e by certain
Magistrates.
CHAPTER-III
CORRECTIVE TRAINING OF HABITUAL OFFENDERS
14. Establishment of corrective settlements.
15. Power to direct habitual offenders to receive c orrective training.
16. Power to transfer or discharge from corrective settlement.
CHAPTER-IV
PENALTIES AND PROCEDURE
17. Penalty for failure to comply with certain prov isions of the Act.
18. Arrest of persons found outside restriction are a or corrective
settlement.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 2
19. Enhanced punishment for certain previously conv icted persons.
20. Punishment for certain registered offenders fou nd under
suspicious circumstances.
CHAPTER-V
MISCELLANEOUS
21. Bar of jurisdiction.
22. Bar of legal proceedings.
23. Power to delegate.
24. Power to make rules.
25. Corresponding provisions under any law for the time being in
force.
26. Repeal and savings.
THE SCHEDULE.
__________
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969
(ACT NO. 8 OF 1970)
1
(Received the assent of the President on the 19 th February, 1970, and
was published in the Rajpatra, Himachal Pradesh (Ex tra-ordinary), dated the
6th April, 1970, pp. 305-316).
Amended, repealed or otherwise affected by,-
The Himachal Pradesh Adaptation of Laws (State and Concurrent
Subjects) Order, 1973, published in the Rajpatra, H imachal
Pradesh (Extra-ordinary), dated the 20 th January, 1973, pp. 91-
112, effective from 25 th January, 1971.
An Act to make better provision for the treatment a nd training of
habitual offenders, and for certain other matters.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Twentieth Year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement .- (1) This Act may be
called the Himachal Pradesh Habitual Offenders Act, 1969.
(2) It extends to the whole of the 2[State] of Himachal Pradesh.
(3) It shall come into force at once.
1. For Statement of Objects and Reasons see the Ra jpatra, Himachal Pradesh (Extra-
ordinary), dated 31 st May, 1969, p. 421.
2. Substituted for "Union Territory" by A.O. 1973.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 3
2. Definitions .- (1) In this Act, unless the context otherwise requires:-
(a) "Code" means the Code of Criminal Procedure, 18 98 (5 of
1898);
(b) "corrective settlement" means any place establi shed,
approved or certified as a corrective settlement un der section
14;
(c) "District Magistrate" means a District Magistra te appointed
under section 10 of the Code;
(d) "habitual offender" means any person who since his attaining
the age of eighteen years,-
(i) during any consecutive period (whether before o r after
the commencement of this Act, or partly before and
partly after such commencement) of five years, has
been sentenced on conviction, on not less than thre e
occasions, to a substantive term of imprisonment fo r
one or more of the scheduled offences committed on
separate occasions, being offences which are not so
connected together as to form parts of the same
transaction; and
(ii) such sentence has not been reversed in appeal or
revision:
Provided that in computing the consecutive period o f
five years aforesaid, any period spent in jail eith er under a
sentence of imprisonment or under detention shall n ot be
taken into account;
(e) "Government" means the Government of Himachal P radesh;
(f) "notification" means a notification published in the Official
Gazette, under the proper authority;
(g) "Official Gazette" means the Himachal Pradesh R ajpatra;
(h) "prescribed" means prescribed by rules made und er this Act;
(i) "registered offender" means a habitual offender registered or
re-registered under this Act;
(j) "scheduled offence" means an offence specified in the
Schedule or an offence analogous thereto;
(k) "Superintendent of Police" means the Superinten dent of
Police and includes any person appointed by the Gov ernment
to perform the duties of a Superintendent of Police under this
Act.
(2) Words and expressions used but not defined in t his Act shall have
the meanings assigned to them in the Code.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 4
CHAPTER II
REGISTRATION OF HABITUAL OFFENDERS AND
RESTRICTION OF THEIR MOVEMENTS
3. Power of Government to direct registration of ha bitual
offenders .- The Government may direct the District Magistrat e to make or
cause to be made a register of habitual offenders w ithin his district, by
entering therein the names and other prescribed particulars of such offenders.
4. Procedure for preparing a register of habitual o ffenders .- For
the purpose of carrying out the direction given und er section 3, the District
Magistrate or any officer appointed by him in this behalf shall, by notice in
the prescribed form to be served in the prescribed manner, call upon every
habitual offender in the district;
(a) to appear before him at a time and place specif ied in the
notice;
(b) to furnish such information as may be necessary to enable
him to enter the name and other prescribed particul ars of the
habitual offender in the register; and
(c) to allow the finger and palm impression, foot-p rints and
photographs of the habitual offender to be taken:
Provided that the name and other prescribed particu lars of a habitual
offender shall not be entered in the register, unle ss he has been given
reasonable opportunity of showing cause why such entry should not be made.
5. Charge of Register and alterations therein .- (1) The register
shall be placed in the keeping of the Superintenden t of Police of the district
who shall, from time to time, report to the District Magistrate, any alterations
which ought, in his opinion, to be made therein.
(2) After the register has been placed in the keepi ng of the
Superintendent of Police, no fresh entry shall be m ade in the register, nor
shall any entry be cancelled, except by or under, a n order in writing of the
District Magistrate.
6. Powers to take finger and palm impressions, foot -prints 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,
footprints and photographs, of any registered offender to be taken.
7. Registered offenders to notify change of residence and to report
themselves .- (1) Every registered offender shall notify to su ch 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 inten ds to change, his
ordinary residence to another district (whether wit hin the 1[State] of
Himachal Pradesh or not) he shall notify the change or intended change to
1. Substituted for the word “Union Territory” vid e A.O., 1973.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 5
the District Magistrate.
(2) The District Magistrate may, by order in writin g, direct that any
registered offender shall,-
(a) report himself once in each month, or where the District
Magistrate for reasons specified in the order so di rects, more
frequently to such authority, and in such manner, a s may be
specified in the order; and
(b) notify any absence or intended absence from his ordinary
residence to the aforesaid authority:
Provided that the District Magistrate may exempt an y such offender
from notifying any absence or intended absence from his ordinary residence
for such period, and under such conditions, as appear to him reasonable.
8. Procedure by District Magistrate on change of re sidence of
habitual offender to other district .- (1) Where any registered offender
changes his ordinary residence to another district within the 1[State] of
Himachal Pradesh, the District Magistrate of the di strict in which the
offender is registered shall inform the District Magistrate of the other district
of such change, and at the same time furnish him wi th the name and other
particulars relating to the registered offender in the register.
(2) On the receipt of such information, the Distric t Magistrate of the
other district shall enter in his register the name and other particulars of the
registered offender furnished to him, and inform th e District Magistrate of
the first district of such registration, and thereu pon such District Magistrate
shall cancel from his register the entry relating to that offender:
Provided that where a registered offender changes h is ordinary
residence to another district outside the 2[State] of Himachal Pradesh the
District Magistrate of the first district shall, wh ile furnishing the District
Magistrate of the other district with the name and other particulars of the
registered offender 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 for the time being in force in that other district; and
upon the receipt of such information the District M agistrate of the first
district shall cancel from register the entry relating to that offender.
(3) Upon the entry of the name and other particular s of a registered
offender in any register in 3[State] of Himachal Pradesh under sub-section
(2), the provisions of this Act and the rules made thereunder shall apply to
him as if he has been registered, in pursuance of a direction given under
section 3, in the register of the district to which he has changed his ordinary
residence.
1. Substituted for "Union territory" vide A.O. 1973 .
2. Substituted for "Union territory" vide A.O. 1973 .
3. Substituted for "Union territory" vide A.O. 1973.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 6
9. Duration registration and re-registration of habitual offenders .-
(1) Subject to the provisions of sub-section (3), t he registration of a habitual
offender under this Act shall, unless earlier cancelled, cease to be in force on
the expiry of five years from the date of such regi stration, and on such
cancellation or expiry the habitual offender shall cease to be a registered
offender.
(2) Notwithstanding the cancellation, or expiry of duration of
registration, a habitual offender may be re-registe red in accordance with the
provisions of this Act relating to registration, as often as he is convicted of
one or more of the scheduled offences at any time a fter such concellation, or
expiry; and subject to the provisions of sub-sectio n (3), the re-registration
shall, unless earlier cancelled, cease to be in force on the expiry of five years
from the date of such re-registration.
(3) Where a registered offender is, during the peri od of registration or
re-registration, convicted of one or more of the sc heduled offences and
sentenced to a substantive term of imprisonment, th e duration of registration
or re-registration shall be extended for a period of five years form the date of
his release from such imprisonment.
10. Right to make representations against re-regist ration etc .- (1)
Any person aggrieved by the registration or re-registration of his name under
section 4, or as the case may be, section 9 or by a n order under sub-section
(2) of section 7, may within the prescribed period make a representation to
the Commissioner against such registration, re-registration or orders.
(2) The Commissioner shall, after considering the r epresentation, and
giving the aggrieved person an opportunity of being heard, either confirm or
cancel the registration, re-registration or order, as the case may be, and shall
in the case of confirmation record, a brief statement of the reasons therefor.
11. Power to restrict movements of registered offen ders .- (1) If in
the opinion of the Government it is necessary or ex pedient in the interests of
the general public so to do, the Government may, subject to the provisions of
sub-section (4), by order direct that any registered offender shall be restricted
in his movements to such area, and for such period not exceeding three years
as may be specified in the order.
(2) Before making any such order the Government sha ll take into
consideration the following matters, that is to say,-
(a) the nature of the offences of which the registe red offender has
been convicted and the circumstances in which the o ffences
were committed;
(b) whether the registered offender follows any law ful
occupation, and whether such occupation is conduciv e to an
honest and settled way of life and is not merely a pretence for
the purpose of facilitating the commission of crime;
(c) the suitability of the area to which his moveme nts are to be
restricted; and
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 7
(d) the manner in which the registered offender may earn his
living within the restricted area and the adequacy of
arrangements which are or are likely to be, available therefor.
(3) A copy of the order shall be served on the regi stered offender in
the prescribed manner.
(4) The period specified in an order under sub-sect ion (1) shall in no
case extend beyond the period of registration or re -registration, as the case
may be, referred to in section 9.
12. Power to cancel or alter restrictions of moveme nts. - The
Government may, by order, cancel any order made und er section 11, or alter
any area specified in an order under that section:
Provided that before making such order, the Governm ent shall
consider the matter referred to in sub-section (2) of section 11 in so far as
they may be applicable.
13. Powers under sections 11 and 12 also exercisabl e by certain
Magistrates .- (1) Subject to the provisions of sub-section (3) , the powers of
the Government under sections 11 and 12 may be exer cised also by a
Magistrate having power to act under section 110 of the Code, but without
prejudice to the exercise of his powers under that section of the Code.
(2) A Magistrate acting under section 11 or 12 shal l follow, as nearly
as may be, the procedure laid down in sections 112, 113, 114, 115 and 117 of
the Code for an order requiring security for good behaviour:
Provided that the order in writing referred to in s ection 112 of Code
shall, in addition to setting forth the substance o f the information received,
state the term, not exceeding three years, during w hich the order of
restriction shall be in force.
(3) Where the Government has already made an order under section
11 in respect of a habitual offender, the Magistrat e shall not exercise any
powers conferred by this section in respect of the same habitual offender,
during any period in which the order of the Government is in force.
CHAPTER III
CORRECTIVE TRAINING OF HABITUAL OFFENDERS
14. Establishment of corrective settlements .- (1) For the purpose of
placing therein such habitual offenders as are dire cted to receive corrective
training under this Act, the Government may, by not ification in the Official
Gazette, establish and maintain in the 1[State] of Himachal Pradesh as many
corrective settlements as it thinks fit.
(2) The Government may also approve or certify any privately
managed institution (whether known as a settlement or otherwise) as a
corrective settlement for the purposes of this Act.
1. Substituted for "Union territory" vide A.O. 197 3.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 8
15. Power to direct habitual offenders to receive c orrective
training .- (1) Where the Government is satisfied from the r eport of the
District Magistrate or otherwise that it is expedie nt with a view to the
reformation of a registered offender and the preven tion of crime, that the
registered offender should receive training of a co rrective character for a
substantial period, the Government may by order in writing direct that the
registered offender shall receive training of a cor rective character for such
period not exceeding the duration of his registration or re-registration as may
be specified in the order.
(2) Where a habitual offender, who is not more than forty years of
age,-
(a) is convicted of any offence punishable with imp risonment, or
(b) is required in pursuance of section 110 of the Code to execute a
bond for his good behaviour, and the court or the M agistrate is
satisfied from the evidence in the case and other m aterials on
record that it is expedient with a view to his refo rmation and the
prevention of crime, that he should receive training of a corrective
character for substantial period, the court or the Magistrate may,
in lieu of sentencing him for such offence or, as t he case may be,
requiring him to execute such bond, direct that he shall receive
corrective training for such term of not less than two or more than
five years, as the court or the Magistrate may determine.
(3) Before giving any direction under sub-section ( 1) or sub-section
(2) the Government, the court or the Magistrate, as the case may be, shall,-
(a) consult the officer prescribed on the capacity of the corrective
settlements to receive the habitual offender;
(b) take into consideration the physical and mental condition of
the offender, and the suitability for receiving cor rective
training in a corrective settlement; and
(c) give a reasonable opportunity to the offender t o show cause
why such direction should not be given.
(4) A habitual offender, in respect of whom a direc tion to receive
corrective training has been made, shall be placed in a corrective settlement
for the term of his training, and while in such set tlement shall be treated in
such manner and receive such training as may be prescribed.
16. Power to transfer or discharge from corrective settlement .-
The Government or any officer authorised by it in t his behalf, may at any
time by order in writing direct any habitual offend er who may be in a
corrective settlement to be transferred to another corrective settlement to be
discharged therefrom, and accordingly he shall be s o transferred or, as the
case may be, discharged.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 9
CHAPTER IV
PENALTIES AND PROCEDURE
17. Penalty for failure to comply with certain prov isions of the
Act .- A habitual offender who without lawful excuse, t he burden of proving
which shall lie upon him-
(a) fails to appear in compliance with a notice iss ued under
section 4; or
(b) intentionally omits to furnish any information required under
that section or furnishes as true any information w hich he
knows, or has reasons to believe, to be false or do es not
believe to be true; or
(c) refuses to allow his finger and palm impression , foot-prints
and photographs to be taken by any person acting un der an
order passed under section 6; or
(d) fails to comply with the provision of sub-secti on (1) of
section 7 or with an order of the District Magistra te under
sub-section (2) thereof or with an order under section 11;
may be arrested without warrant, and shall be punished,-
(i) on first conviction, with imprisonment for a te rm which
may extend to six months or with fine which may ext end
to two hundred rupees, or with both, and
(ii) on a second or subsequent conviction, with imp risonment
for a term which may extend to one year or with fin e
which may extend to five hundred rupees, or with both:
Provided that, if the Court, after taking into cons ideration the
offender's age and physical and mental condition an d his suitability for
receiving training of a corrective character in a c orrective settlement, is
satisfied that it is expedient with a view to his reformation and the prevention
of crime, that he should receive training of a corr ective character for a
substantial period the court may, in lieu of senten cing the offender to any
punishment under this section, direct, after giving him an opportunity of
showing cause (and after consulting the officer pre scribed on the capacity of
the corrective settlements to receive him) that he shall receive corrective
training in a corrective settlement for such term not exceeding three years, as
it may determine.
18. Arrest of persons found outside restriction are a or corrective
settlement .- If any person,-
(a) is found outside the areas to which his movemen ts have been
restricted in contravention of the conditions under which he is
permitted to leave such area; or
(b) escapes from any corrective settlement in which he is placed,
he may be arrested without warrant by a police offi cer and
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 10
taken before a Magistrate who on proof of the facts , may
order him to be removed to such area or to such cor rective
settlement, there to be dealt with in accordance wi th this Act
and rules made thereunder.
19. Enhanced punishment for certain previously conv icted
persons. - (1) Whoever, being a person in respect of whom a direction has
been made under section 11 or section 15, and havin g been convicted of any
of the scheduled offences falling under Part I of t he schedule, is convicted of
the same or of any other scheduled offence falling in that part shall, on
conviction, be punished with imprisonment for life or with imprisonment for
a term which may extend to ten years.
(2) Nothing in this section shall affect the liabil ity of such person to
any further or other punishment to which he may be liable under the Indian
Penal Code ( 45 of 1860), or any other law.
20. Punishment for certain registered offenders fou nd under
suspicious circumstances .- Whoever, being a person in respect of whom a
direction has been made under section 11 or section 15, is found in any place
under such circumstances as to satisfy the court,-
(a) that he was about to commit, or aid in the comm ission of,
theft or robbery, or
(b) that he was making preparation for committing t heft or
robbery, shall, on conviction, be punished with imp risonment
for a term which may extend to three years, and sha ll also be
liable to a fine which may extend to one thousand rupees.
CHAPTER V
MISCELLANEOUS
21. Bar of jurisdiction .- No court shall question the validity of any
direction or order issued under this Act.
22. Bar of legal proceedings .- No court shall question the
competence of any authority making or issuing any n otification, order or
direction under this Act.
23. Power to delegate .- The Government may, by notification in the
Official Gazette, direct that any power exercisable by it under this Act except
the power under section 24 may also be exercised su bject to such conditions,
if any, as may be specified in the notification, by such officer not below the
rank of a District Magistrate as may be specified therein.
24. Power to make rules .- (1) The Government may, by notification
in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the gen erality of the
foregoing power, such rules may provide for all or any of the following
matters, namely:-
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 11
(a) the form of notice under section 4 and the mann er in which
such notice may be served;
(b) the form of the register of habitual offenders and the
particulars to be entered therein;
(c) the authority to whom and the manner in which a ny change or
intended change of ordinary residence shall be noti fied under
sub-section (1) of section 7;
(d) the nature of restrictions to be observed by re gistered
offenders whose movements have been restricted;
(e) the grant of certificate of identity to regist ered offenders and
inspection of such certificates;
(f) the conditions under which the offenders may b e permitted to
leave the area to which their movements have been r estricted
or the corrective settlement in which they have been placed;
(g) the terms upon which offenders may be discharge d from
corrective settlements;
(h) the working, management, control and supervisio n of
corrective settlements including the discipline and conduct of
persons placed therein;
(i) the conditions for, and the manner of, approvin g of certifying
privately managed settlements;
(j) the appointment of non-official visitors for co rrective
settlements;
(k) the conditions and circumstances under which me mbers of
the family of a habitual offender may be permitted to stay
with him in a corrective settlement;
(l) the periodical review of the cases of all perso ns whose
movements have been restricted or who are placed in
corrective settlements under this Act; and
(m) any other matter which is to be or may be presc ribed under
this Act.
(3) In making rules under this Act, the Government may provide that
a contravention of any of the rules shall be punish able with fine which may
extend to one hundred rupees.
(4) Every rule made under this Act shall be laid, a s soon as may be
after it is made, before the Legislative Assembly w hile it is in session, for a
total period of not less than fourteen days which m ay be comprised in one
session or in two or more successive sessions and i f before the expiry of the
session in which it is so laid or the sessions afor esaid, the Assembly makes
any modification in the rule or decides that the ru les should not be made, the
rule shall thereafter have effect only in such modified form or be of no effect,
as the case may be, however, that any such modifica tion or annulment shall
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 12
be without prejudice to the validity of anything pr eviously done under that
rule.
25. Corresponding provisions under any law for the time being in
force .- Nothing in this Act shall affect the powers of any competent authority
under any other law for the time being in force to make an order of restriction
or detention, and any order passed or direction mad e under this Act in so far
as it conflicts with any order made by a competent authority under such law
shall be deemed to be inoperative while the order u nder such law remains in
force.
26. Repeal and Savings .- The Punjab Habitual Offenders (Control
and Reform) Act, 1952 (Act No. 12 of 1952) as in force in the areas added to
Himachal Pradesh under section 5 of the Punjab Reor ganisation Act, 1966
(Act No. 31 of 1966) and the Bombay Habitual Offend ers Act, 1959 (Act
No. 61 of 1959) as extended to areas comprised in H imachal Pradesh
immediately before 1st November, 1966, are hereby repealed:
Provided that any order made, notification or direc tion issued,
appointment made or action taken in exercise of the powers conferred by or
under the Acts hereby repealed, shall be deemed to have been made, issued,
done or taken under the corresponding provisions of this Act.
____________
THE SCHEDULE
[See Section 2(j)]
Offences under The Indian Penal Code
CHAPTER XII
SECTIONS:
231. Counterfeiting coin.
232. Counterfeiting Indian coin.
233. Making or selling instrument for counterfeitin g coin.
234. Making or selling instrument for counterfeitin g Indian coin.
235. Possession of instrument or material for the p urpose of using
the same for counterfeiting coin.
239. Delivery of coin possessed with the knowledge that it is
counterfeit.
240. Delivery of Indian coin, possessed with knowle dge that it is
counterfeit.
242. Possession of counterfeit coin by person who k new it to be
counterfeit when he became possessed thereof.
243. Possession of Indian coin by person who knew i t to be
counterfeit when he became possessed thereof.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 13
CHAPTER XVI
304. Culpable homicide not amounting to murder.
307. Attempt to murder.
308. Attempt to commit culpable homicide.
311. Being a thug.
324. Voluntarily causing hurt by dangerous weapons or means.
325. Voluntarily causing grievous hurt.
326. Voluntary causing grievous hurt by dangerous w eapons or
means.
327. Voluntarily causing hurt to extort property, o r to constrain to
an illegal act.
328. Causing hurt by means of poison etc. with inte nt to commit
an offence.
329. Voluntarily causing grievous hurt to extort pr operty or to
constrain to an illegal act.
332. Voluntarily causing hurt to deter public serva nt from his duty.
333. Voluntarily causing grievous hurt to deter pub lic servant from
his duty.
347. Wrongful confinement to extort property, or co nstrain to
illegal act
365. Kidnapping or abducting with intent secretly a nd wrongfully
to confine person.
366-A. Procuration of minor girl.
366-B. Importation of girl from foreign country.
368. Wrongfully concealing or keeping in confinemen t, kidnapped
or abducted person.
369. Kidnapping or abducting child under ten years with intent to
steal from its person.
CHAPTER XVII
379. Theft.
380. Theft in dwelling house, etc.
382. Theft after preparation made for causing death , hurt or
restraint in order to the committing of the theft.
384. Extortion.
385. Putting person in fear of injury in order to c ommit extortion.
386. Extortion by putting a person in fear of death or grievous
hurt.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 14
387. Putting person in fear of death or of grievous hurt, in order to
commit extortion.
392. Robbery.
393. Attempt to commit robbery.
394. Voluntarily causing hurt in committing robbery .
395. Dacoity.
397. Robbery or dacoity, with attempt to cause deat h or grievous
hurt.
398. Attempt to commit robbery or dacoity when arme d with
deadly weapon.
399. Making preparation to commit dacoity.
400. Belonging to a gang of dacoits.
401. Belonging to a gang of thieves.
402. Assembling for purpose of committing dacoity.
411. Dishonestly receiving stolen property.
414. Assisting in concealment of stolen property.
451. House-trespass in order to commit offence puni shable with
imprisonment.
452. House-trespass after preparation for hurt, ass ault or wrongful
restraint.
453. Lurking house-trespass or house-breaking.
454. Lurking house-trespass or house-breaking in or der to commit
offence punishable with imprisonment.
455. Lurking house-trespass or house-breaking after preparation
for hurt, assault or wrongful restraint.
456. Lurking house-trespass or house-breaking by ni ght.
457. Lurking house-trespass or house-breaking by ni ght in order to
commit offence punishable with imprisonment.
458. Lurking house-trespass or house-breaking by ni ght after
preparation for hurt, assault, or wrongful restraint.
459. Grievous hurt caused whilst committing lurking
house-trespass or house-breaking.
460. All persons jointly concerned in lurking house -trespass or
house-breaking by night punishable where death or g rievous
hurt caused by one of them.
THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 15
II
Offence under the Suppression of Immoral Traffic i n Women
and Girls Act, 1956.
Section 4-Living on the earnings of prostitution.
III
An offence under section 3 of the Public Gambling Act, 1867
(Act No. III of 1867).
IV
Any offence under the Essential Commodities Act, 19 55, and
rules and orders framed and issued thereunder.
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