The Rajasthan Habitual Offenders Act, 1953

Rajasthan Habitual Offenders Act, 1953 
(Act No. 9 of 1953) 
 
Received the assent of the President on the 23rd day of March, 1953  
An Act to provide for the surveillance and control of habitual offenders in 
the State of Rajasthan. 
Whereas it is expedient to  provide for the surveillance and control of 
habitual offenders in the State of Rajasthan;  
Be it enacted by the Rajasthan State Legislature as follows - 
1. Short title, extent and commencement - (1) This Act may be called the 
. Rajasthan Habitual Offenders, Act, 1953. 
[(2) It extends to the whole of the State of Rajasthan.]  
(3) It shall come into force at once.  
2. Interpretation - (1) In this Act, unless the subject or context requires 
otherwise,- 
[(a) 'habitual offender' means a person who, during any continu ous 
period of five years, whether before or after the 15th day of 
September, 1952 or partly before and partly after the said day, has 
been sentenced on conviction on not less than three occasion since 
he attained the age of eighteen years to a substantive term of 
imprisonment for any one or more of the scheduled offences 
committed on different occasions and not so connected together as to 
form parts of the same transaction, such sentence not having been 
reversed in appeal or revision; 
Provided that in compu ting the continuous period of five years referred to above any period 
spent in jail either under a sentence of imprisonment or under detention shall not be taken into 
account;'] 
(b) 'prescribed' shall mean prescribed by or under this Act.  
[(c) 'corrective settlement' means any place established, approved or 
certified as a corrective settlement under section 7;]  
(d) 'registered offender'  means a habitual offender registered or re -
registered under this Act; 
(e) 'scheduled offence' means an offence specified in the schedule or an 
offence analogous thereto. 
[(2) ---] 
3. Register of Habitual offenderS  - (1) There shall be prepared, kept and 
maintained in the prescribed manner, a register of habitual offenders within 
each district hereafter, in this Act, referred to as the register. 
[(2) [---]] 
[(3) For the purpose of sub -section (1), 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 offende r in the 
district- 
(a) to appear before him at the time and place therein specified;  
(b) to furnish such information as may be necessary to enable him to 
enter the name and other prescribed particulars of such habitual 
offender in the register; and 
(c) to allow his finger and palm impressions, foot -prints and photograph 
to be taken.] 
(4) No person shall be registered as a habitual offender unless he has been 
given a reasonable opportunity to show cause against such registration.  
(5) The register, when final ly prepared shall be placed in the keeping of the 
Superintendent 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 either by way of addition or erasure.  
(6) After the register has been placed in the keeping of the Superintendent 
of Police, no person's name shall be added to the register, and no 
registration shall be cancelled except by or under an order in writing of the 
District Magistrate. 
[(7) ---] 
[4. Pow er to take finger and palm impressions etc.  - 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 photograph of any 
registered offender to be taken]. 
[5. Registered o ffenders to notify residence and to report 
themselves. - (1) Every 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 
shall 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- 
(a) report himself once in each month or, where the District Magistrate 
for sufficient reasons specified in the order so directs, more frequently 
to such authority and in such manner as may be specified in the order; 
and 
(b) notify and absen ce or intended absence from his ordinary residence 
to the aforesaid authority: 
Provided that the District Magistrate may exempt any such offencer from 
notifying any absence or intended absence from his ordinary residence or 
such period and under such conditions as to him may appear reasonable.)  
5A. Procedure to be observed upon change of residence.  - 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 inform 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 receipt of such information to District Magistr ate of the other 
district shall enter in his register the name and other particulars of the 
registered offender and inform the District Magistrate of the first district 
about such registration and thereupon such District Magistrate shall cancel 
from his register the entry relating to that offender. 
(3) Where a registered offender changes his ordinary residence to another 
district outside the State, the District magistrate of the first district shall, 
while furnishing the District Magistrate of the other dis trict 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 i n that other district and, upon the receipt of such information, the 
District Magistrate of the first district shall cancel from his register the entry 
relating to that offender. 
(4) Upon the entry of the name and other particulars of a registered 
offender under sub -section (2) the provisions of this Act and rules made 
there under shall apply to him as if he has been registered in the register of 
the district to which he has changed his ordinary residence.  
5B. Duration of registration and re -registration of habitual offenders. - 
(1) The registration of a habitual offender this Act shall, unless earlier 
cancelled, cease to be in force on the expiry of five years from the date of 
such-registration 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 -registered in accordance with the provision of 
this Act relating to registration as often as he is convicted of one or more of 
the scheduled offences at any time after such cancellation or expiry and 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) Notwithstanding anything con tained in sub -section (1) and (2) where a 
registered offender is, during the period of registration or re -registration, 
convicted of one or more of the scheduled offences and sentenced to a 
substantive term of imprisonment, the duration of registration or re-
registration shall be extended for a period of five years from the date of his 
release from such imprisonment. 
5C. Representation against registration etc.  - (1) Any person deeming 
himself aggrieved by the registration or re -registration of his name und er 
section 3 or, as the case may be, section 5B or by any order made under 
sub-section (2) of section 5 may within sixty days from the date of such 
registration, re -registration or order make a representation to the State 
Government against the same 
(2) Th e State Government shall, after considering the representation 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, r ecord a brief statement of the reasons 
therefor. 
[6. Power to restrict movements of registered offenders.  - (1) If in the 
opinion of the State Government, it is necessary or expedient in the interest 
of the general public so to do, the State Government may , 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 State Government shall take into 
consideration the following matters, namely- 
(a) the nature of the offences of which the registered offender has been 
convicted and the circumstances in which the offences were 
committed; 
(b) whether the registered offender follows any lawful occupation and 
whether such occupation is conductive to honest and settled way of 
life and is not merely a pretence for the purpose of facilitating 
commission of offences; 
(c) the suitability of the area to which his movements are to be 
restricted; and 
(d) the manner in which the registered offender may earn his livelihood 
within that 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 registered offender in the 
prescribed manner. 
(4) The State  Government may, by order, cancel any order made under 
sub-section (1) or alter any area specified in an order under that sub -
section: 
Provided that before making such order the State Government shall 
consider the matters referred to in sub -section (2) in so far as they may be 
applicable. 
[7. Corrective settlements.]  - (1) The State Government may, by 
notification in he Official Gazette, establish and maintain in the State as 
many corrective settlements as it thinks fit for the purpose of placing therein 
such offenders as are directed to receive corrective training under this Act.  
(2) The State Government may also approve or certify any privately 
managed institution (whether known as settlement or otherwise) as a 
corrective settlement for the purposes of this Act. 
(3) Where the State Government is satisfied from the report of the District 
Magistrate or otherwise that it is expedient with a view to there formation of 
a registered offender and the prevention of crime that the register offender 
should receive training of a corrective character for a substantial time, the 
State Government may, by an order in writing, direct that the registered 
offender shall receive training of a corrective character for such period not 
exceeding the duration of his registration  or re -registration as may be 
specified in the order. 
(4) Where a habitual offender who is not more than forty years of age, - 
(a) is convicted of an offence punishable with imprisonment, or  
(b) is required, in pursuance of section 110 of the Code of Criminal 
Procedure, 1898  [Central Act 5 of 1898]  to execute a bond for his 
good behaviour, 
and the court or Magistrate is satisfied from the evidence in the case and 
other materials on record that it is expedient with a view to his reformation 
and preventi on of crime that he should receive training of a corrective 
character for a substantial time, the court or the Magistrate may, in lieu of 
sentencing him for such offence or, as the case may be, requiring him to 
execute such bond, direct that he shall recei ve corrective training for such 
term of not more than five years as the Court or the Magistrate may 
determine. 
(5) Before giving any direction under sub -section (3) or sub -section (4) the 
State Government or the Court or the Magistrate, as the case may be,  
shall- 
(a) take into consideration the physical and mental condition of the 
offender and his suitability for receiving corrective training in a 
corrective settlement, and 
(b) give a reasonable opportunity to the offender to show cause why 
such direction should not be made. 
(6) An offender, in respect of whom a direction to receive corrective training 
has been made, shall be placed in a corrective settlements for the term of 
his training and, while in such settlement, shall be treated in such manner 
as may be prescribed. 
(7) The State Government or any officer authorised by it in this behalf may 
at any time by order in writing direct any offender who may be in a 
corrective settlement to be transferred to another corrective settlement.  
8. Power to make rules.  - (1) The State Government may  [be notification 
in the official Gazette]  make rules to carry out the purposes and objects of 
this Act. 
(2) In particular and without prejudice to the generality of the foregoing 
power such rules may provide for or regulate- 
[(a) the from of the register of habitual offenders and the particulars to be 
entered therein and the form and manner of service of a notice under 
section 3;] 
[(3) the authority to whom and the manner in which any change or intended 
change of ordinary res idence shall be notified under sub -section (1) of 
section 5;] 
(c) the nature of the restrictions to be observed 
by [Registered] offenders whose movements have been restricted;  [---
-] 
(d) the circumstances in which  [Registered] offenders shall be required 
to possess and produce for inspection certificates of identity and the 
manner in which such certificate shall be granted;  
(e) the conditions [---] under which [offenders] may be permitted to leave 
the [corrective settlement]  in which they are  [placed] or t he area to 
which their movements are restricted. 
(f) [---] 
(g) [---] 
(h) [---] 
(i) the terms upon which  [---] offenders may be discharged 
from [corrective] settlements; 
(j) the management, control and supervision of  [corrective] settlement; 
[(k) the conditions for and the manner of approving or certifying privately 
managed settlements]; 
(L) the discipline  [and conduct of persons placed in a corrective 
settlement], [---] the periodical visitation  [by official and non -official 
visitors] of such settlement and  the removal from it of such persons, 
as it shall seem expendient to remove; 
[( 11 ) the conditions and circumstances under which members of the 
family of a habitual offender may be permitted to stay with him in a 
corrective settlement]; 
(m) the periodical review of the cases of all persons  [whose movements 
have been restricted or who are placed in a corrective settlement 
under this Act]; 
(i) [---] 
(ii) [---] 
(n) all matters which under this Act may be or have to be prescribed.  
[(3) In making rules under this Act, the State Government may provide that 
a contravention of any of the rules shall be punishable with fine which may 
extend to one hundred rupees. 
(4) All rules made under this Act shall, as soon as may be after they are 
made, be laid before the State Legislature.] 
9. Penalties for failure to comply with notice under section 3 - 
Whoever, without lawful excuse, the burden of proving which shall lie upon 
him, 
(a) fails to appear in compliance with a notice issued under section 3, or  
(b) inte ntionally omits to furnish any information required under that 
section; or 
(c) when required to furnish such information, furnishes as true and 
information which he knows or has reason to believe to be false,  [or 
does not believe to be true] or 
[(d) refuses to allow his palm impressions, foot prints and photograph to 
be taken by any person acting under an order passed under section 4 
or';] 
[(e) fails to comply with the provisions of sub -section (1) or with an order 
of the District Magistrate under sub -section (2) of section (5) or with 
an order of the State Government under section 6;]  may be arrested 
without warrant, and shall be punishable 
[(i) on first conviction, with imprisonment for a term which may 
extend to three months or with fine which may extend to two 
hundred rupees or with both, and 
(ii) on a second or subsequent conviction, with imprisonment for a 
term which may extend to six months or with fine which may 
extend to five hundred rupees or with both; 
Provided that, if the Court after taking into consideration the offender's age 
and physical and mental condition and his suitability for receiving training of 
a corrective character in a corrective settlement is satisfied that it is 
expendient with a view to his reformation and the prevention of crime  that 
he should receive training of a corrective character for a substantial time, 
the Court may in lieu of sentencing the offender to any punishment under 
this section, direct, after giving him an opportunity of showing cause, that 
he shall receive correc tive training in a corrective settlement for such term 
not exceeding three years, as it may determine.]  
10. [--] 
11. [--] 
12. Punishment for habitual offenders found under suspicious 
circumstances - Whoever, being a habitual offenders, is found in any 
place under such circumstances as to satisfy the Court, - 
(a) that he was about to commit, or aid in the commission of theft or 
robbery, or 
(b) that he was waiting for an opportunity to commit theft or robbery;  
shall be punishable with rigorous imprisonment for a term which may 
extend to three years and shall also be liable to fine which may extend to 
one thousand rupees. 
13. Arrest of habitual offenders found beyond prescribed limit.  - (1) 
Whoever being a habitual offenders,- 
(a) Is found  [--] beyond the area  [---] to which his movement 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]  may 
be arrested without warrant by any police officer, village headman or 
village watchman, and may be taken before a Magistrate, who on 
proof of the facts  [may order]  him to be removed to such area  [or to 
such corrective settlement], as the case may be, there to be dealt with 
in accordance with this Act or any rules made thereunder.  
[---] 
[14. Bar of jurisdiction - No Court shall question the validity of any direction or order 
issued under this Act.] 
[15. Bar of legal proceedings  - No suit prosecution or other legal proceeding shall lie 
against any person for anything which is in good faith done or intended to be done under this 
Act. 
16. Power to delegate.  - The State Government may, by notification in the 
Official Gazette, direct that any power exercisabl e by it under this Act 
except the power under Section 8 may also be exercised, subject 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'.]  
Schedule 
[Part I] 
CHAPTER XII 
Sections of the Indian Penal Code- 
216. Harbouring offender who has escaped from custody or whose 
apprehension has been ordered.  
216-A. Penalty for harbouring robbers or dacoit's.  
231. Counterfeiting coin. 
232. Counterfeiting Indian coin. 
233. Making or selling instruments for counterfeiting coin.  
234. Making or selling instruments for counterfeiting Indian coin.  
235. Possession of Instruments or material for the purpose of using the 
same for counterfeiting coin. 
239. Delivery of coin, possessed with knowledge that it is counterfeit.  
240. Delivery of Indian coin possessed with knowledge that it is counterfeit.  
242. Possession of counterfeit coin by person who knew it to be counterfeit, 
when he became possessed thereof.  
243. Possession o f Indian cion by person who knew it to be counterfeit 
when he became possessed thereof.  
CHAPTER XVI 
304. Culpable homicide not amounting to murder.  
307. Attempt to murder. 
308. Attempt to commit culpable homicide.  
[311. Being a Thung] 
324. Voluntarily causing hurt by dangerous weapons or means.  
325. Voluntarily causing grievous hurt.  
326. Voluntarily causing grievous hurt by dangerous Weapons or means.  
327. Voluntarily causing hurt to extort property or to constrain to an illegal 
act. 
328. Causing hurt by m eans of poison, etc. with intent to commit an 
offence. 
329. Voluntarily causing grievous hurt to extort property, or to constrain to 
an illegal act. 
333. Voluntarily causing hurt to deter public servant from his duty.  
[347. Wrongful confinement to extort property or constrain to illegal act. 
365. Kidnapping or abducting with intent secretly and wrongfully to confine 
a person.] 
366. Kidnapping, abducting or inducing woman to compel her marriage etc.  
[366A. Procuration of a minor girl. 
366B. Importation of a girl from foreign country. 
368. Wrongful concealing or keeping in confinement a 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 houses, etc. 
381. Theft by a clerk or servant of property in possession of master.  
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 com mit extension. 
386. Extortion by putting a person in fear of death or grievous hurt.  
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. 
297. Robbery or dacoity, with attempt to cause death or grievous hurt.  
398. Attempt to commit robbery or dacoity when armed with deadly 
weapons. 
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.  
412. Dishonestly receiving property stolen in the commission of a dacoity.  
413. Habitually dealing in stolen property.  
414. Assisting in concealment of stolen property.  
417. Cheating. 
418. Cheating with knowledge that wrongful use may ensure to person 
whose interests offender is bound to protect.  
419. Cheating by pronation. 
420. Cheating and dishonestly inducing delivery of property. 
[451. House trespass in order to commit offence punishable with 
imprisonment. 
452. House trespass after preparation for hurt, assault or wrongful restraint.  
453. Lurking house trespass or house-breaking. 
454. Lurking house trespass or house -breaking after preparation for hurt, 
assault or wrongful restraint. 
456. Lurking house trespass or house-breaking by night.] 
457. Lurking house-trespass or house-breaking by night in order to commit 
offence punishable with imprisonment.  
458. Lurking house -trespass or house -breaking by night after preparation 
for hurt, assault or wrongful restraint.  
459. Grievous hurt caused whilst committing lurking house -trespass or 
house-breaking. 
460. All person jointly concerned in lurking house trespass or house -
breaking by night punishable where death or grievous hurt caused by one 
of them. 
[Part II] 
Offences under the Suppression of  [Immoral Traffic in Women and Girls 
Act, 1956] 
4. Living on the earnings of prostitution.  

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