The Himachal Pradesh Restriction of Habitual Offenders Act, 1973

THE HIMACHAL PRADESH RESTRICTION OF HABITUAL 
OFFENDERS ACT, 1973 
ARRANGELIEST OF SECTIONS 
Sections: 
1.  Short title, extent and commencement. 
2.  Definitions. 
3.  Scope of order of restriction. 
4,  Order of restriction against habitual offenders. 
5.  Procedure for making order of restriction. 
6.  Issue of warrant in lieu of or in addition to summons. 
7.  Discharge of person informed against. 
8.  Making of order of restriction and specifying particulars 
therein. 
9.  Order of restriction under section 123(3) and section 565 of 
the Code of Criminal Procedure. 
10.  Means or livelihood within area of restriction and change of 
area where means of livelihood are insufficient. 
11.  Power to cancel order of restriction. 
12.  Power to vary area of restriction. 
13.  Power to add order of restriction to bound for good behavior. 
14.  Appeal. 
15.  Applicability of the Code of Criminal Procedure to appeals 
and revisions. 
16.  Arrest of person found beyond prescribed limits. 
17.  Power to make rules. 
18.  Penalties. 
19.  Repeal and savings. 
 
 
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2  THE HIMACHAL PRADESH RESTRICTION OF HABITUAL OFFENDERS ACT, 1973 
THE HIMACHAL PRADESH RESTRICTION OF HABITUAL 
OFFENDERS ACT, 1973 
(ACT NO. 9 OF 1974)1 
(Received the assent of the Governor on the 27th  February 1974, and 
was published in the Rajpatra, Himachal Pradesh (Extra-ordinary), dated the 
13th  April, 1974, pp. 700-704.) 
An Act to restrict the movements of habitual offenders in Himachal 
Pradesh and to require them to report themselves. 
BE it enacted by the 1egislative Assembly of Himachal Pradesh in the 
Twenty-fourth Year of the Republic of India as follows:- 
1. Short title, extent and commencement.- (1) This Act may be 
called the Himachal Pradesh Restriction of Habitual Offenders Act, 1973. 
(2) It extends to whole of Himachal Pradesh. 
(3) It shall come into force at once. 
2. Definitions.- In this Act, unless the context otherwise requires,- 
(i)  "Government" means the Government of Himachal Pradesh; 
(ii)  "Magistrate" shall include every person exercising all or any 
of the powers of a Magistrate under the Code of Criminal 
Procedure (5 of 1898) for the time being in force; 
(iii)  "Official Gazette" means Rajpatra, Himachal Pradesh; 
(iv)  "'Order of Restriction" means any order issued in pursuance 
of section 8 or other provisions of this Act. 
3. Scope of order of restriction.- An order of restriction may either 
restrict a person in him movements to any areas specified in the order, or 
require a person to report himself at such time, at such place, and in such 
mode, as may be specified therein, or both. 
4. Order of restriction against habitual offenders.- (1) In any case 
in which a Magistrate may, under the provisions of section 110 of the Code of 
Criminal Procedure, 1898 (5 of 1898), 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. 
(2) 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 
                                                           
1.   For Statement of Objects and  Reasons, see he Rajpatra, Himachal Pradesh 
(Extra-ordinary), dated  7th April, 1973, p. 523. 
THE HIMACHAL PRADESH RESTRICTION OF HABITUAL OFFENDERS ACT, 1973        3 
jointly with the proceedings in respect of security and may be entered in and 
from part of the same record. 
5. Procedure for making order of restriction.- When a Magistrate 
deems it necessary to require a person to show cause why an order of 
restrictions 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 (5 of 1898) : 
Provided that-- 
(a)  the order in writing referred to in section 112 of the said Code 
(5 of 1898) 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 
(b)  for the purposes of sub-section (2) of section 117 of the said 
Code an order of restriction shall be deemed to be equivalent to 
an order requiring security for good behaviour. 
6. Issue of warrant in lieu of or in addition to summons.-The 
provisions of section 90 of the Code of Criminal Procedure, 1898 (5 of 1898), 
shall be applicable to proceedings under this Act, as if they were proceedings 
under the said Code. 
7. Discharge of person informed against.- If upon inquiry 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. 
8. Making of order of restriction and specifying particulars 
therein.- (1) If upon inquiry, as aforesaid, the Magistrate is of opinion that an 
order of restriction should be made against any person in respect of whom the 
inquiry is being made, the Magistrate shall make an order accordingly. 
(2) (a) 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. 
(b) The order under this section shall conform to any rules made by 
the Government under section 17 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. 
(3) 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 5. 
9. Order of restriction under section 123 (3) and section 565 of the 
Code of Criminal procedure.-  (1) An order passed by a Session Judge under 
4  THE HIMACHAL PRADESH RESTRICTION OF HABITUAL OFFENDERS ACT, 1973 
sub-section (3) of section 123 of the Code of Criminal Procedure, 1898 (5 of 
1898) may be in addition to an order of restriction for the same or a less 
period. 
(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 (5 of 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 restriction against such person 
for a period not exceeding three years from the date of the expiry of su.ch 
sentence. 
(3) If such conviction is set aside on appeal or otherwise, such order 
shall become void. 
10. Means of livelihood within area of restriction and change of 
area where means of livelihood are insufficient.- (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) 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. 
11. 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 restrictions passed by any court having jurisdiction in his district. 
12. 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 changes should not be made. 
13, Power to add order of restriction to bound for good 
behaviour.- When an order requiring security for good behaviour has been 
made against any person under section 1 18 of the Code of Criminal 
Procedure, 1898 (5 of 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 make in addition an order of restriction : 
Provided that- 
(a)  the period of the order of restriction shall not exceed the 
unexpired period of security; and 
THE HIMACHAL PRADESH RESTRICTION OF HABITUAL OFFENDERS ACT, 1973        5 
(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. 
14. Appeal.- Any person against whom an order of restriction has 
been passed under this Act may appeal against such order to the Court of 
Sessions to have the order set aside. 
15. Applicability of the Code of Criminal Procedure to appeals 
and revisions.- The provisions of the Code of Criminal Procedure, 1898, 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. 
16. Arrest of persons found beyond prescribed Emits.- (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, member Panchayat, 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. 
17. Power to make rules.- (1) The State Government may make rules 
for the purpose of carrying into effect the provisions of this Act. 
(2) In particular and without prejudice to the generality of the 
foregoing power the Government may make rules 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 he 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; and  
(iv)  the conditions to be inserted in any such pass in regard to- 
(a)  the place 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 
(v )  the time during which he may be absent. 
(3) All rules made under this section shall be published in the Official 
Gazette. 
6  THE HIMACHAL PRADESH RESTRICTION OF HABITUAL OFFENDERS ACT, 1973 
(4) Every rule under this section shall be laid, as soon as may be after 
it is made, before the Legislative Assembly while it is in session for a total 
period of not less than fourteen days which may be comprised in one session 
or in two or more successive sessions, and if before the expiry of the session 
in which it is so laid or the sessions aforesaid, the Assembly makes any 
modification in the rule or decides that the rule 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, so, however, that any such modification or annulment shall 
be without prejudice to the validity of anything previously done under that 
rule. 
18. 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 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. 
(2) 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) shall be excluded. 
19. Repeal and savings.- The Restriction of Habitual Offenders 
(Punjab) Act, 1918 (5 of 1918)) as in force in the areas added to Himachal 
Pradesh, under section 5 of the Punjab Re-organisation Act, 1966, is hereby 
repealed : 
Provided that any order made, notification or direction issued, 
anything done or any action taken or any proceedings commenced or 
continued under the said Act, shall be deemed to have been made, issued, 
done, taken, commenced or continued under the corresponding provisions of 
this Act. 
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