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Section 22: Repeal and savings

The Karnataka Habitual Offenders Act, 1961State Act of Karnataka · Act 24 of 1961

The enactments mentioned in Schedule B are hereby repealed:

Provided that section 6 of the 1[Karnataka]1 General Clauses Act, 1899 (1[Karnataka]1 Act III of 1899), shall be applicable in respect of such repeal and sections 8 and 24 of the said Act shall be applicable as if the said enactments had been repealed and reenacted by this Act:

1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973

Provided further that if immediately before the commencement of this Act,-

(i) any person is a notified offender, or

(ii) an order of restriction or an order of settlement has been made against any person, -under any of the repealed enactments and such person is a habitual offender within the meaning of clause (e) of section 2 of this Act, such person shall continue to be subject to the provisions of the relevant repealed enactment, as if such enactment had not been repealed for a period of four months from the date of commencement of this Act or until his name and other particulars are entered in the Register made under any direction issued under section 3 of this Act whichever is earlier.

11

SCHEDULE A [See section 2 (i)].

I Offences under the Indian Penal Code.

CHAPTER XII.

Section.

231 Counterfeiting coin.

232 Counterfeiting Indian Coin.

233 Making or selling instrument for counterfeiting coin.

234 Making or selling instrument for counterfeiting Indian coin.

235 Possession of instrument or material for the purpose of using the same for counterfeiting coin.

239 Delivery of coin possessed with knowledge that it is counterfeit.

240 Delivery of Indian coin, possessed with knowledge that it is counterfeit.

242 Possession of counterfeit 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.

CHAPTER XVI.

Section.

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 of 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.

366A Procuration of minor girl.

366B Importation of girl from foreign country.

368 Wrongfully concealing or keeping in confinement, kidnapped or abducted person.

369 Kidnapping or abducting child under ten years with intent to steal from its person.

CHAPTER XVII.

Section.

379 Theft.

380 Theft in dwelling house, etc.

12 382 Theft after preparation made for causing death, hurt or restraint in order to the committing of 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 of 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.

414 Assisting in concealment of stolen 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 housebreaking.

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.

II Offence under the Suppression of Immoral Traffic in Women and Girls Act 1956 (Central Act 104 of 1956).

Section.

4 Living on the earnings of prostitution.

III Offences under the Prohibition Acts.

Section.

4 (1) (f) or (g) of the Madras Prohibition Act, 1937 (Madras Act X of 1937) as in force in the 1[Mangalore and Kollegal Area]1.

13 4 (1) (f) or (g) of the Mysore Prohibition Act, 1948 (Mysore Act XXXVII of 1948) as in force in the Mysore and 1[Gulburga Areas.]1 12 (c) and 13 (c) of the Bombay Prohibition Act, 1949 (Bombay Act XXV of 1949) as in force in the 1[Belgaum Area.]1 4 (1) (f) or (g) of the Coorg Prohibition Act, 1956 (Coorg Act 1 of 1956) as in force in the Coorg District.

1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973

SCHEDULE B.

(See section 22).

Enactments repealed.

1. The Mysore Restriction of Habitual Offenders Act, 1952 (Mysore Act XXIII of 1952).

2. The Madras Restriction of Habitual Offenders Act, 1948 (Madras Act VI of 1948.)

3. The Bombay Habitual Offenders Restriction Act, 1947 (Bombay Act LI of 1947).

4. The Hyderabad Habitual Offenders (Restriction and Settlement) Act, 1954 (Hyderabad Act XXII of 1954).

* * * * NOTIFICATION Bangalore, dated 30th June, 1969 [No. HD 5 PRH 62] S.O. 1404.- In exercise of the powers conferred under sub-secton (3) of section (i) of the Mysore Habitual Offenders Act, 1961 (Mysore Act No. 24 of 1961), the Government of Mysore hereby appoints 17th day of July, 1969 as the date on which the said Act shall come into force.

By Order and in the name of the Governor of Karnataka, (N.K. SRINIVASA MURTHY) Under Secretary to Government, Home Department.

(Published in Part IV-2c(ii) of Gazette at page 3460).

* * * *

Where this provision sits

ActThe Karnataka Habitual Offenders Act, 1961
Section22
Marginal noteRepeal and savings
JurisdictionState of Karnataka
StatusIn force as published by the source

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