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Section 5: Procedure for making order of restriction

The Himachal Pradesh Restriction of Habitual Offenders Act, 1973State Act of Himachal Pradesh · Act 9 of 1974

When a Magistrate deems it necessary to require a person to show cause why an order of restrictions should not be made against him, he shall follow, as nearly as may be, the procedure laid down in sections 112, 113, 114; 115 and 117 of the Code of Criminal Procedure, 1898 (5 of 1898) :

Provided that--

(a) the order in writing referred to in section 112 of the said Code (5 of 1898) shall in addition to setting forth the substance of the information received state the term not exceeding three years during which the order of restriction shall be in force, but it need not state whether the order of restriction shall be an order restricting the person to any area or requiring him to report himself or doing both; and

(b) for the purposes of sub-section (2) of section 117 of the said Code an order of restriction shall be deemed to be equivalent to an order requiring security for good behaviour.

Where this provision sits

ActThe Himachal Pradesh Restriction of Habitual Offenders Act, 1973
Section5
Marginal noteProcedure for making order of restriction
JurisdictionState of Himachal Pradesh
StatusIn force as published by the source

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