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Section 15

The Gujarat Habitual Offenders Act, 1959.State Act of Gujarat · Act 61 of 1959

(1) Where the Sf8te Government is 8atis:fi~ from the report of the District p~ to ~te or othenvise, that it is expedient with a view to the refOl"nl.ation of ~tual a registered oflender and the preventitin of crime, that the registered o:tl'ender Bhonld offenderl to receive training of a cor:rective charaeter for a 8Ubstantial period, the State Govelll- ~.

ment maybyorder in writing direct that ,the registered offender shall receive training :rot::'

of" COIfGVe character for such period, not exeeeding the duration of his registration or re-r~tion, as may be specified in the order.

(9) Where a habitual oft'ende, who ie not more than forty yeara of age,- • (G) is convicted of any o:ft'ence punishable witJI. imprisonment, or

(6) is required inpnrsuaJl(le of seetioWIO of the Code to exeente a bond for his good behaviour, and the court or the M'.agistmteis 8!ltisfied from the evidence in the ~ .00 other ~teriaJB on record tDat it is expedient with a view to his Hf~tion and the prevention of crime, fiat he.aould receive training of a corrective character for a BUbstantial period. the (»urt or the Magistrate may, in lieu of aen~neing him forllld1. ofI~ OJ.',•• the cue may be, reqv.iriP.g him to UiBOU.'telftIDh bond, ~ that he shall receW~ corrective training for Rcb term JaOt" tUn two J101'more ilIr.o. •• ,.... II the Ooari or the lIagistratAI -, Mt-ujne.

59U BorJsbDr B 0Jtt••• Aet; 1SS9 feY) Before giving -any ~ 1U14w Illb-tection (1) or 811b-eection (I) the 8fIlti& ~ the eo1Ilt or the ~te. as the case may be, shaD- e.) COJ1lJIl1t the officer prescribed on the oapacity of the eorreetive settlements to receive the habitaal offender,

(6) take in.flo consideration the ~ ana mental condition of tJle offender, _ JU8 sUitability for receiving corrective ~ in a corrective settlement, and

(e) give a reuonabJe oppoif;unity to tJle offender to ahow ea1llMl why such direction ahould not be ~ .

(4) A habitual oifender, in rfllpect of whom a direction to recehte corrective ~ Me been ~, shall be plaCed in a corrective settlement for the ~ of his training, and while in Bllch settlement shall be treated in sueh m&nIler and ~ l!II!ehtrai.ning as may ~ pteeoribed.

16. The ~te Government, or any oftieer authorised by it in this behalf, may at any time by order in writing direet any: habitual offender who may be in , a ~ settlement to be transf6rred to imother corrective settlement or to be discltarged therefrom ; and accordingly he shall be 80 transferred orJ as the case maybe,~.

CHAPTER IV.

~ b 17. A habitual offender who witJiout laWful e:z:euae,the burden of proving W'AiCh failure 10 ahalllie him -ClOIDplywitlt upon, oert.m ~ ~ (II) fails to appear in compliancHl with a notille issued under section 4:, or ~heAeL

(0) intentionally omits to furnish any information required under that section, or furnishes a8 true any information which he know&, or has reason to b1elieve,to be false or --doesnot believe to be true, or

(e) refuses to allow his finger and palm impreBBions, foot-priIita and photographs be fJlken by any person acting und.eTsn Ol'tiel' passed under section 6, or • (d) fails i» cempIy with the provisions or 8Ub-tlection (1) of _tiOD 7 or with an order of the Distriet Magistrate under sub-section (2) thereof or with an order under section 11, may be AlTested without warrant, and be ~ed-

(a) on fi.rst conviction, "it]i impri80nment for a term whieh may extend to six lJlOJ:ltJ1sor with fiM whiCh may extend to two hundred rupees, or ~ith both, ADd XL" of Il1O.

if the ~1icaI-"" ~ •..t __ ~ ._....3- :.. ••••••• " ~~... nM.•.• -.... _ ~_.... • ~ fIDIlDI!I8U1 a cca~.

~ in a corrective ~ it tatiBW iaal it is expedient with a "jew to U reformation and the prevention01 orim , tJlat 'he eboald reaeive training of • ~ eDaracter for a 8IIbItantiat ~ the 00IIl1i may, in lieu of aenteneing tie offender to any puniahment under this eection, direct. after giving JUan 8IL epportuuity of"showing C&ue (and after oonsulting the officer pr4llSCribed 011 tile .pacity of the corrective settlements to recene him) that he shAll receive corrective training in a corrective settlement for such term not exceeding three years.

Mit maydeterm.ine.

18. If any person-:- .AneH ., (eI) is found outSide the area to which his movements have been nstrieted ill I;:r--.

OODtl'8ventionof the eonditioDll under which he is permitted to leave sueh area, Ucle ~ or oorre~ MtitJeaaea'

(6) escapes from any corrective 8Gttlement in whieh he is placed.

he may be arrested withou.t warrant by a police offi.eer,pol·co patil or viIlcge watchman and taken before a Magistrate who, on proof of the facts,may order him tG be l'6Jllovedto such area or to sueh col'1'6Ctive8ettlem~mt, there to he dealt with in accordance with this Act and the rules made thereunder.

Where this provision sits

ActThe Gujarat Habitual Offenders Act, 1959.
Section15
JurisdictionState of Gujarat
StatusIn force as published by the source

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