LexThe Telangana Habitual Offenders Act, 1962.
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Open in Lexace · Ask the AI about this actTHE TELANGANA HABITUAL OFFENDERS ACT, 1962.
(ACT NO. 4 OF 1962)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
REGISTRATION OF HABITUAL OFFENDER AND
RESTRICTION OF THEIR MOVEMENTS
3. Power of Government to direct registration of
habitual offenders.
4. Power of the District Collector to register habitual
offenders.
5. Custody of register and alterations therein.
6. Power to take finger and palm impressions, foot-
prints and photographs at any time.
7. Registered offenders to notify change of residence
and to report themselves.
8. Action to be taken when registered offender
changes his ordinary residence from one district to
another within or without the State.
9. Duration of registration and re-registration of habitual
offenders.
10. Right to make representations against registration,
re-registration etc.
11. Power to restrict movements of registered offenders.
12. Power to cancel or alter such restrictions.
2 [Act No. 4 of 1962]
CHAPTER - III
CORRECTIVE TRAINING OF HABITUAL
OFFENDERS
13. Power to establish and maintain corrective
settlements and to certify private institutions as
corrective settlements.
14. Power to direct habitual offenders to receive
corrective training.
15. Power to discharge or transfer persons from
corrective settlements.
16. Power to subject voluntary residents in corrective
settlements to restrictions and penalties.
CHAPTER - IV
PENALTIES AND PROCEDURE
17. Penalty for failure to comply with certain provisions
of the Act.
18. Arrest of habitual offenders found outside the
restriction area or corrective settlement.
CHAPTER - V
MISCELLANEOUS.
19. Bar of Jurisdiction.
20. Bar of legal proceeding.
21. Power to delegate.
22. Power to make rules.
23. Repeals and savings.
Schedule.
THE TELANGANA HABITUAL OFFENDERS ACT, 1962.1
ACT No. 4 OF 1962.
CHAPTER I
PRELIMINARY
1. (1) This Act may be called the 2Telangana Habitual
Offenders Act, 1962.
(2) It extends to the whole of the 2State of Telangana.
(3) It shall come into force on such date as the State
Government may, by notification in the 2Telangana Gazette,
appoint.
2. In this Act, unless the context otherwise requires,-
(a) ‘Code’ means 3the Code of Criminal Procedure,
1898 (Central Act 5 of 1898);
(b) ‘corrective settlement ’ means any place
established, approved or certified as a corrective settlement
under section 13;
(c) ‘District Collector ’ means the chief local officer in
charge of the revenue administration of a district but in
1. The Andhra Pradesh Habitual Offenders Act, 1962 received the assent
of the President on the 4th February, 1962. The said Act in force in the
combined State, as on 02.06.2014, has been adapted to the State of
Telangana, under section 101 of the Andhra Pradesh Reorgan isation
Act, 2014 (Central Act 6 of 2014) vide. the Telangana Adaptation of Laws
Order, 2016, issued in G.O.Ms.No .45, Law (F ) Department, dated
01.06.2016.
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
3. See now the Code of Crimina l Procedure, 1973 (Central Act 2 of
1974).
Short title, extent
and
commencement.
Definitions.
2 [Act No. 4 of 1962]
relation to the cities of Hyderabad and Secunderabad , the
Commissioner of Police;
(d) ‘Government’ means the State Government;
(e) ‘habitual offender’ means a person who, during any
continuous period of five years, whethe r, before or after the
commencement of this Act or partly before and partly after
such commencement, has been sentenced on conviction
on not less than three occasions after he attained the age of
eighteen years to a substantive term of impr isonment for
anyone 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 on revision:
Provided that in computing the cont inuous period of
five years ref erred to above, any period spent in jail either
under a sentence of imprisonment or under detention shall
not be taken into account.
Explanation.- An order requiring a person to give
security for good behaviour with reference to 4section 110 of
the Code shall be deemed to amount to a sentence of
substantive imprisonment within the meaning of this clause;
(f) ‘prescribed’ means prescribed by rules made under
this Act;
(g) ‘registered offender ’ means a habitual offender
registered or re-registered under this Act;
(h) ‘scheduled offence ’ means an offence specified in
the Schedule or an offence analogous thereto;
4. See now the Code of Criminal Procedure, 1973 (Central Act 2 of
1974).
[Act No.4 of 1962] 3
(i) ‘State’ means the State of 5Telangana;
(j) ‘Superintendent of Police ’ means the District
Superintendent of Police in the district concerned and in
relation to the cities of Hyderabad and Secunderabad any
officer appointed by the Government to perform the duties,
of a Superintendent of Police under this Act.
CHAPTER II
REGISTRATION OF HABITUAL OFFENDERS AND
RESTRICTION OF THEIR MOVEMENTS
3. The Government may direct the District Collector to
make a register of habitual offenders within his district by
entering therein the names and other prescribed particulars
of such offenders.
4. For the purpose of carrying out the dire ction given
under section 3 the District Collector or any officer
authorised by him in this beha lf 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 therein
specified;
(b) to furnish such information as may be necessary to
enable him to enter the name and other presc ribed
particulars of the habitual offender in the register; and
(c) to allow his finger and pal m impressions, foot-prints
and photograph to be taken:
Provided that the name and other prescribed
particulars of a habitual offender shall not be entered in the
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Power of
Government to
direct registration
of habitual
offenders.
Power of the
District Collector
to register
habitual
offenders.
4 [Act No. 4 of 1962]
register unless he has been afforded reasonable opportunity
of showing cause why such entry should not be made.
5. (1) The register shall be placed in the custody of the
Superintendent of Police who shall, from time to time, report
to the District Collector any alterations to be made therein.
(2) After the register is placed in the custody of the
Superintendent of Police, no fresh alteration shall be made
in the register except under an order in writing of the District
Collector.
6. The District Collector or any officer authorised 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. (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 Collector.
(2) The District Collector may by order in writing direct
that any registered offender shall-
(a) report himself once in every month or where the
District C ollector 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
(b) notify any absence or intend ed absence from his
ordinary residence to the aforesaid authority:
Custody of
register and
alterations therein.
Power to take
finger and palm
impressions, foot-
prints and
photographs at
any time.
Registered
offenders to notify
change of
residence and to
report themselves.
[Act No.4 of 1962] 5
Provided that the District Collector may exempt any
such offender from notifying any absence or intended
absence from his ordinary residence for such period and
under such conditions as may appear reasonable to him.
8. (1) Where any registered offender changes his ordinary
residence from one district to another district within the
State, the District Collector of the district in which the
offender is registered shall inform the District Collector of the
other district about such change and at the same time
furnish h im with the name and other particulars of the
registered offender.
(2) On the receipt of such information, the District
Collector of the other district shall enter in hi s register the
name and other particulars of the registered offender and
inform the District Collector of the district in which the
offender is previously registered about such registration and
thereupon the District Collector of that district 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
Collector of the dist rict in which the offender is previously
registered shall, while furnishing the District Collector of the
other district with the name and othe r particulars of the
registered offender, request that District Collector to inform
him 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 su ch
information the District Collector of the district in which the
offender is previou sly registered shall cancel from his
register the entry relating to that offender.
(4) Upon registering the name and other particulars of
a registered offender under su b-section (2 ), the provisions
of this Act and the rules made thereund er shall apply to him
Action to be taken
when registered
offender changes
his ordinary
residence from
one district to
another within or
without the State.
6 [Act No. 4 of 1962]
as if he is registered, in pursuance of a direction given under
section 3 in the register of the district to which he has
changed his ordinary residence.
9. (1) The 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 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 provisions 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 contained in sub-sections
(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.
10. (1) Any person deeming himself aggrieved by the
registration or re-registration of his name under section 4 or
section 9 or by an order under sub -section (2) of section 7
may within the presc ribed period make a representation to
the Government against such registration, re -registration or
order.
(2) The Government shall, after considering the
representation and giving the aggrieved person an
opportunity of being heard, either confirm or cance l the
Duration of
registration and
re-registration of
habitual
offenders.
Right to make
representations
against
registration, re-
registration etc.
[Act No.4 of 1962] 7
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. (1) If in the opinion of the Government it is necessary or
expedient in the interests of the general public so to d o, the
Government may by order direct that any registered
offender shall be restricted in his movements to such areas
and for such period not exceeding three years as may be
specified in the order.
(2) Before making any such order, the 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 conducive 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 h is movements
are to be restricted; and
(d) the manner in which the registered offender may
earn his living within such area, and the adequacy of
arrangements which are, or likely to be, available therefor.
(3) A copy of the order shall be served on th e
registered offender in the prescribed manner.
12. The Government may, by order, cancel any order
made under section 11 or alter any area specified in an
order under that section:
Power to restrict
movements of
registered
offenders.
Power to cancel
or alter such
restrictions.
8 [Act No. 4 of 1962]
Provided that before making such order the
Government shall consider the matters referred to in sub -
section (2) of section 11 in so far as they may be applicable.
CHAPTER III
CORRECTIVE TRAINING OF HABITUAL OFFENDERS
13. (1) The Government may, by notification in the
6Telangana 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 corrective training under this Act.
(2) The Government may also approve or certify any
privately-managed settlement, whether known as settlement
or otherwise as a corrective settlement for the purposes of
this Act.
14. (1) If the Government are satisfied from the report of
the District Collector or otherwise that it is expedient with a
view to the reforma tion of a registered offender and the
prevention of crime that he should receive training o f a
corrective character for a substantia l term, the Government
may, by order in writing, direct that the registered offender
shall receive training of a corrective character for such
period not exceeding the duration of his registrati on 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
imprisonment, or
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016
Power to establish
and maintain
corrective
settlements and to
certify private
institutions as
corrective
settlements.
Power to direct
habitual offenders
to receive
corrective training.
[Act No.4 of 1962] 9
(b) is required in pursuance of 7section 110 of the
Code to execute a bond for his good behaviour,
and the court is satisfied from the evidence in the case
and other materials on record that it is expedient with a view
to his reforma tion and prevention of crime that he should
receive training of a corrective character for a substantial
term, the court may, in lieu of sentencing him for offence or,
as the case may be, requiring him to execute such bond,
direct that he shall receive corr ective training for such term
of not less than two and not exceeding fi ve years as the
court may determine.
(3) Before giving any direction under sub -section (1) or
sub-section (2 ), the Government or the court, 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 opportun ity to the offender to
show cause why such direction should not be given.
(4) A habitual offender, in respect of whom a direction
to receive corrective training is made, shall be placed in a
corrective settlement for the term of his training and while in
such settlement shall be treated in such manner as may be
prescribed.
15. The Government or any officer authorised by them in
this behalf may, at any time, by order in writing direct any
habitual offender who may be in a corrective settlement to
7. See now the corresponding section of the Code of Criminal
Procedure, 1973 (Central Act 2 of 1974).
Power to
discharge or
transfer persons
from corrective
settlements.
10 [Act No. 4 of 1962]
be discharged or transferred to another corrective
settlement.
16. The Government may, by order, direct that any person
voluntarily residing in any corrective settlement shall be
subject to all or any of the restrictions and penalties
imposed by or under this Act, on a habitual offender placed
in such settlement.
CHAPTER IV
PENALTIES AND PROCEDURE
17. A habitual offender who, without lawful excuse the
burden of proving which shall lie upon him-
(a) fails to appear in comp liance with a notice issued
under section 4, or
(b) intentionally omits to furnish any information
required under that section or furnishes as true any
information which he knows, or has reason to believe to be
false or does not believe to be true, or
(c) refuses to allow his finger and palm impressi ons,
foot-prints and photograph to be taken by any person acting
under an order passed under section 6, or.
(d) fails to comply with the provisions of sub -section
(1), or with an order of the District Collector under sub -
section (2) of section 7 or with an order of the Government
under section 11, may be arrested without warrant and shall
be punishable-
(i) on first conviction with imprisonment for a term
which may extend to six months or with fine which may
extend to two hundred rupees or with both, and
Power to subject
voluntary
residents in
corrective
settlements to
restrictions and
penalties.
Penalty for failure
to comply with
certain provisions
of the Act.
[Act No.4 of 1962] 11
(ii) on a second or subsequent conviction, with
imprisonment for a term which may extend to one year 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 corrective settlement is satisfied that it is expedient with a
view to his reformation and prevention of crime that he
should receive training of a c orrective character for a
substantial term, the court may, in lieu of sentencing the
offender to any punishment under this section, direct, after
giving him an opportun ity of showing cause, that he shall
receive corrective training in a corrective settleme nt for such
term not exceeding three years as it may determine.
18. If any habitual offender-
(a) is found outside the area to which hi s movements
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 officer ,
village headman or village watc hman. If the offender is
arrested, he shall be informed, as soon as may be of the
grounds for such arrest and shall be produce d before the
nearest magistrate within a period of twenty -four hours of
such arrest, excluding the time necessary for the journey
from the place of arrest to the court of the magistrate ; and
the offen der shall not be detained beyond the said period
without the authority of a magistrate. The magistrate may on
production of the offender and on proof of the facts order
him to be removed to such area or to such corrective
Arrest of habitual
offenders found
outside the
restriction area or
corrective
settlement.
12 [Act No. 4 of 1962]
settlement to be dealt with in accordance with this Act and
the rules made thereunder.
CHAPTER V
MISCELLANEOUS.
19. No court shall question the validity of any direc tion or
order issued under this Act.
20. No suit, pros ecution 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.
21. The Government may, by notification in the 8Telangana
Gazette, direct that any power exercisable by them under
this Act except the power under section 22 may also be
exercised subject to such co ndition, if any, as may be laid
down in the notification, by such officer not below the rank
of a District Collector as may be specified therein.
22. (1) The Government may, by notification in the
8Telangana Gazette, make rules for carrying out the
purposes of this Act.
(2) In particular and without prejudice to the generality
of the foregoing power, such rules may provide for all or any
of the following matters, namely:-
(a) the form of notice under section 4 and the manner
in which such notice may be served;
(b) the form of the register of habitual offender s and
the particulars to be entered therein;
8. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.
Bar of
Jurisdiction.
Bar of legal
proceeding.
Power to
delegate.
Power to make
rules.
[Act No.4 of 1962] 13
(c) the authori ty to whom and the manner in which
any change or intended change of ordinary residence shal l
be notified under sub-section (1) of section 7;
(d) the nature of restrictions to be observed by
registered offenders whose movements have been
restricted;
(e) the grant of certificate of identity to the registered
offenders and inspection of such certificates;
(f) the conditions under which the offenders may be
permitted to leave the area to wh ich their movements have
been restricted or the corrective settlements in which they
have been placed;
(g) the terms upon which the offenders may be
discharged from corrective settlements;
(h) the working, managem ent, control and
supervision of corrective settlements including the discipline
and conduct of the offender placed therein;
(i) the conditions for, and the manner of, approving or
certifying privately-managed settlements;
(j) the appointment of non -official visitor s to the
corrective settlements;
(k) the conditions and circumstances under which
members of the families of the offenders may be permitted
to stay with them in a corrective settlement;
(l) the periodical review of the cases of all the
offenders whose m ovements have bee n restricted or who
are placed in corrective settlements under this Act;
14 [Act No. 4 of 1962]
(m) any other matter which is to be or may be
prescribed under this Act.
(3) In making rules under this Act, the Government may
provide that a contraven tion 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 ma y
be after they are made, be lai d for not less than fourteen
days before both Houses of the State Legislature and shall
be subject to such modifications, whether by way of repeal
or amendment, as the State L egislature may make during
the session in which they are so laid.
23. The Andhra Pradesh (Andhra Area) Restric tion of
Habitual o ffenders Act, 1948 (Act VI of 1948), and the
Andhra Pradesh (Telangana Area) Habitual Offenders
(Restriction and Settlement) Act, 1954 (Act XXII of 1954), are
hereby repealed; but such rep eal shall not affect the
previous operation of the said Ac ts or any thing done or
suffered thereunder, and subject thereto, anything done or
any action taken under the provisions of the said Acts shall,
in so far as such thing or a ction is not inconsistent with the
provisions of this Act, be deeme d to have been done or
taken, under the provisions of this Act, as if the said
provisions were in force when such thing was done or such
action was taken and shall continue to be in force
accordingly, unless and until sup erseded by anything done
or any action taken under this Act.
Repeals and
savings.
[Act No.4 of 1962] 15
THE SCHEDULE.
[See section 2 (h.)]
I. OFFENCES UNDER THE INDIAN PENAL CODE, 1860.
(CENTRAL ACT 45 OF 1860).
CHAPTER XII.
SECTIONS.
231 Counterfeiting coin.
232 Counterfeiting Indian coin.
233 Making or selling instr ument for counterfeiting
coin.
234 Making or selling in strument for counterfeiting
Indian coin.
235 Possession of inst rument or material for the
purpose of using the same for counterfeiting coin.
239 Delivery of coin, poss essed with knowledge that it
is counterfeit.
240 Delivery of Indian coin, possessed with knowledge
that it is counterfeit.
242 Possession of coun terfeit coin by person who
knew it to be counterfeit when he became
possessed thereof.
243 Possession of Indian coin by person who knew it
to be counterfeit when he became possessed
thereof.
16 [Act No. 4 of 1962]
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 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 means of poison, etc., with intent
to commit an offence.
329 Voluntarily causing grievous hurt to extort
property, or to constrain to an illegal act.
332 Voluntarily causing hurt to deter public servant
from his duty.
333 Voluntarily causing grievous 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 person.
366-A Procuration of minor girl.
366-B Importation of girl from foreign country.
368 Wrongfully concealing or keeping in confinement,
kidnapped or abducted person.
[Act No.4 of 1962] 17
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 commit
extortion.
386 Extortion by putting a person in fear of death or
grievous hurt.
387 Putting person in fear o f 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 death or
grievous hurt.
398 Attempt to commit robbery or dacoity when armed
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.
18 [Act No. 4 of 1962]
412 Dishonestly receiving property stolen in the
commission of a dacoity.
413 Habitually dealing in stolen property.
414 Assisting in concealment of stolen property.
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 in order
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
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 persons jointly concerned in lurking house -
trespass or house breaking by night punishable
where death or grievous hurt caused by one of
them.
461 Dishonestly breaking open receptacle containing
property.
[Act No.4 of 1962] 19
II. Offence under the Suppression of Immoral Traffic in
Women and Girls Act, 1956 (Central Act 104 of 1956).
4 Living on the earnings of prostitution.
* * *