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 se liteliceci 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 
(1) registered offender meana hbitua1 
under this Act; 
'scheduled offence means an bifence 
analogous thereto: 	 1 
'State means the State of 1K erala 
chapter II 
Registration of habitual offend 
1110 VCU! Cn tS. 
3. Power of Government to direct reisira lion 
Government may direct the District Magistrate to ii 
within his district by entering therein the Lames  and 
offenders. 
under this Act 
regis tered or re-registered 
ed in the Schedule or an offence 
s and Restriction of their 
habitual offenders. - The 
e a register of habitual offenders 
ther prescribed particulars of such 
4. Procediur for prcpaiii,c' rccister df habitual clilienders.—  For the purpose of 
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 
to furnish such infonnadort as diay be ne 
name and other prescribed particulars of the habitu 
to allow Lhe finger and palm inij1ressions, 
habitual offender to be taken: 
Providccl that die name and other prescribed 
not be entered in the rcgistcr inilcss ic h4 been aff 
showing cause why such enuy should no be made. 
5. Charge of register and al/era lions therein.--
custody of the Supenntendent of Police of the distii 
time, report to die District Magistrate any alteration 
made therein. 	 F 
(2) After die register has been placed in the 
Police no fresh cnuy shall be made in the register, it 
except by, or uider an order in writing oldie Disui 
in the notice; 
ssary to enable him to enter the 
offender in the register; and 
prints, and photographs of the 
culais of a habitual offender shall 
I reasonable opportunity of 
1) The register shall be placed in the 
concerned, who shall, from time to 
which ought in his opinion to be 
stocly oldie S upen ntendent of 
r shall any enuy be cancelled, 
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. 
7. Registered offenders to notify change of residence and to report themselves. - (1) 
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: 
Magistrate of the first district shall cancel from his 
offender. 	 1 
infonnation the District 
ster the entiy relating to that 
(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 
habitual offender may be re-registered in acbrdance w 
relating to registration is often as he is comiicted of oi 
offences at any time after such cancellation br expiiy. 
earlier cancelled, cease to be in force on theexpiiy off 
regis tration. 
dura don of registration, a 
th the provisions of this Act 
or more of the scheduled 
d the re-registration shall, unless 
{'e years from the date of such re- 
(3) Notwithstanding anything containd in sub-sE 
registered offender is, during the penod of registration 
or more of the scheduled of fences and sentericed to a st 
the cluiBtion of registration or re-registration shall be ex 
from die date of his release horn such imprisonment. 
10. R1g1i( to make representa lions against regis/ia I/o 
himself aggrieved by the registration under section 4, ot 
the duration of rcgislrarion or re-registration, as the cas' 
order undersub section (2) of sectionn 7. may within die 
representation to the C. overnnent against such registrati 
order. 
ions (1) and (2), where a 
re-registration, convicted of one 
;tantive term of i niprisonment 
ided for a period of five years 
etc. - (1) Any person deeming 
- registrati on or extension of 
iay be, under section 9 or by an 
escribed period make a 
re-registration, extension or 
(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 
Government it is necessaiy or expedient inhiriet interests 
the C overnnient may by order direct that any registered c 
movements to such area and for such penod not exceedir 
specified ii the nrde -. 
- (1) If in the opinion of the 
'the general public so to do, 
coder shall be restricted in his 
three years as may be 
(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: 	 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 
is convicted of any scheduled offer 
is required in J)UISLlance of section 
for his good behaviour, 
and the court or the Magistrate is satisfied from die e 
materials on record that it is expedient With a view tc 
of crime that he should receive training oia COIThCtiV 
the court or the Magistrate may, in lieu of sentencing 
may be, requinng him to execute such botid, direct di 
training for such term of not less than twoand not mc 
Magistrate may dererniine. 	 I 
(3) Before giving 	 I any direction under sub- 
C ovell"llent or the coiu -t or the Magisirate as the 
take into c0nsiderauo 11 the jhysical an 
and his suitability for receiving con -ective 6ininR in 
give a reasonable opportuni(!y to the ofl 
direction should not be given. 
(4) A habitual offender , in respect ofwhom a di 
training has been made, shall be placed in corrective 
training and while in such settlement shall be treated ii scn bed. 
.15. Power to transfer from corre ctii'e see tie/pent - 
authotised by them in this behalf may at ai ~ ly time by oi 
offender who may be in a corrective seuieniènt to be tr 
settlement. 
cl!au(cr IV 
Penalties and Procedu 
16. Penalty for/allure to comply wit/i certAin pro visit 
offender' who, without lawful excuse, die builen of proi 
(a) fails to appear in conipliancewiffi a nod 
than forty years of age,— 
.10 of die Code to execute a bond 
dence in die case and other 
is refonnation and the prevention 
character for a subs tanlial period, 
mi for such offence or, as the case 
lie shall receive corrective 
than five years as the court or the 
(I) or sub-section (2) the 
ay be, shall— 
conch don of the offender 
lye settlement and 
to show cause why such 
to receive corrective 
rent for die term of his 
manner as may be pre 
C ovemnient or any officer 
in writing direct any habitual 
erred to another corrective 
of die Act—A habitual 
which shall lie upon hini— 
issued under section 4; or 
(b) intentionally omits lo fUnniSh , any inforn adon required under that section or furnishes as true any infoniiauon which li knows, or I as reason to believe, to be false or does not believe to be J1,je or 	 I 
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,— 	 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. 	 I 
chapter V 
Misc ellan cc '.is 
18. Bar of jurisdiction of courts, 	 !Vb court shall question the validity of any 
or or 	issued or made under this act. 
19. Bar of legal proceedliws .- No 
lie against any person for anything whi' 
under this Act. 
pmsecuon or other legal proceedings shall 
in good Ilaith done or Intended to be done 
Power to de/egaie.— The Governt&nt may, by notification in the Gazette, direct 
that any power exercisable by Eheni undet this Act e4cept 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; 	 I 	 I 
the form of die registcYoi habitualoffenders and the particulars to be entered therein; 	 I 
the authonly to whom and the ii 
intended change Of ordinary residence shall be nod 
7 	 I 
( 	 the nature of restrictiorcs to be 
whose movements have been resUjcted. I 
r i n which any change or 
under sub-section (1) of section 
by registered offenders 
(e) the grant of certificate f identityt registered offen ders and 
inspection of such certificate; 	 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; 	 I 	 I 
the teniis upon which 
settlements; 
the working managenenL cont 
settlements, including the discipline and conduct of I 
the conditions for, ancltFie niannerof, 
managed settlements; 
0) the appointment of non-offlcis visitors  
be discharged from corrective 
and supervision of con-ective 
;ons placed therein; 
or certifying privately- 
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 
242 Possession of counterfeit coin by peison who ki 
became 
possessed thereof. 
243 Possession of Indian coin by person who knew i 
possessed thereof. 	 I 
xv'. 
304 Culpable homicide not aniounting t6 murder. 
307 A itenipt to murdei 
308 A itenipt to commit cut pable 
that it is counterfeit 
it to be counterfeit when he 
to be counterfeit when he became 
324 Voluntarily causing hurt by dange 
325 Voluntarily causing gnevous huit 
326 Voluntarily causing grievous hurt 
327.Voluntarily causing hurt to extort 
328 Causing hurt by means of poison. 
329 Voluntarily causing gnevous hurt 
347 Wrongful confinement to extort 
ir means. 
or means. 
or t4 constrain to an illegal act 
with i nteht to commit an offence. 
or to constrain to an illegal act 
or co4 strain to illegal act 
365 Kidnapping or abducting with intentsecretiy an 
366A Procuration of minor girl 
366B Importation of girl from foreign countly. 
368 Wrongfully concealing or keeping in: confinenic 
369 Kidnapping or abducting child under ten years 
CHAPTER XV1I 
379 ThefL 
380 Theft in dwelling house, etc. 
I wrongfully to confine person 
t, kidnapped or abducted person 
intent to steal from its person 
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 COn1IIIJL robbery. 
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 
with impr son meut 
- trespass or house-breaking after 455 Lurking house  
wrongful restraint 
456 Lurking house- trespass or house-breaking by ni 
457 Lurking house-trespass orhouse-brealcing by ni 
punishable with im p1isoJenL 
458 L -king Jlouso-u-espass or house-bre* w 	 ing by ni 
or wrongful resflnt 
459 C rievous hurt caused whilst committing lLtrking 
460 All persons jointly concerned in I urki ñg hoLise- I 
punishable where death or grievous hurt 4]Llsed by o 
to commit offence punishable 
parabon for hurt, assault or 
in order to commit offence 
after preparation for hurt, assault 
use respass or house-breaking. 
pass or house-breaking by night 
of them. 
A betment oil OF attempt to commit, any of: the offeri 
OF ellrr under the Sup press tori 
in We!!1dfl am! Girls A 
Secdon 4 Living on the earnings of PIDSLdOfl. - 
mentioned in 1 above 
lninioral Traffic 
[,1956 

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