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Section 2: Definitions.

The Jammu and Kashmir Habitual Offenders (Control and Reform) Act, 1956Union territory Act of Jammu and Kashmir · Act 11 of 1956

(1) “Code” means the [Code of Criminal Procedure, 1973 (2 of 1974)] ;

(2) “Habitual offender” means a person—

(a) who, during any continuous period of five years, whether before or after the commencement of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one or more of the offences mentioned in the Schedule to this Act committed on different occasions and not constituting parts of same transaction ; and

(b) who has, as a result of such convictions, suffered imprisonments at least for a total period of twelve months.

Explanation (1)––A conviction which has been set aside in appeal or revision and any imprisonment suffered in connection there with shall not be taken into account for the above purpose.

Explanation (2)––In computing the period of five years, any periods spent in jail either under a sentence of imprisonment or under detention shall not be taken into account ;

(3) “registered person” means a person registered under this Act as a habitual offender ;

(4) “prescribed” means prescribed by rules made under this Act ;

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

Where this provision sits

ActThe Jammu and Kashmir Habitual Offenders (Control and Reform) Act, 1956
Section2
Marginal noteDefinitions.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted. Substituted ibid for “Code of Criminal Procedure, 1989”.

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