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Section 2: Definitions

The Himachal Pradesh Habitual Offenders Act, 1969State Act of Himachal Pradesh · Act 8 of 1970

(1) In this Act, unless the context otherwise requires:-

(a) "Code" means the Code of Criminal Procedure, 1898 (5 of 1898);

(b) "corrective settlement" means any place established, approved or certified as a corrective settlement under section 14;

(c) "District Magistrate" means a District Magistrate appointed under section 10 of the Code;

(d) "habitual offender" means any person who since his attaining the age of eighteen years,-

(i) during any consecutive period (whether before or after the commencement of this Act, or partly before and partly after such commencement) of five years, has been sentenced on conviction, on not less than three occasions, to a substantive term of imprisonment for one or more of the scheduled offences committed on separate occasions, being offences which are not so connected together as to form parts of the same transaction; and

(ii) such sentence has not been reversed in appeal or revision:

Provided that in computing the consecutive period of five years aforesaid, any period spent in jail either under a sentence of imprisonment or under detention shall not be taken into account;

(e) "Government" means the Government of Himachal Pradesh;

(f) "notification" means a notification published in the Official Gazette, under the proper authority;

(g) "Official Gazette" means the Himachal Pradesh Rajpatra;

(h) "prescribed" means prescribed by rules made under this Act;

(i) "registered offender" means a habitual offender registered or re-registered under this Act;

(j) "scheduled offence" means an offence specified in the Schedule or an offence analogous thereto;

(k) "Superintendent of Police" means the Superintendent of Police and includes any person appointed by the Government to perform the duties of a Superintendent of Police under this Act.

(2) Words and expressions used but not defined in this Act shall have the meanings assigned to them in the Code.

THE HIMACHAL PRADESH HABITUAL OFFENDERS ACT, 1969 4

CHAPTER II REGISTRATION OF HABITUAL OFFENDERS AND RESTRICTION OF THEIR MOVEMENTS

Where this provision sits

ActThe Himachal Pradesh Habitual Offenders Act, 1969
Section2
Marginal noteDefinitions
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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