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The U.P. Habitual Offenders' Restriction Act, 1952

(U.P. Act No. 38 of 1952)

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

(b) "District Magistrate" includes the Additional District Magistrate or any Magistrate of the first class specially empowered by the State Government to perform the functions of the District Magistrate under this Act;

(c) "Habitual offender" means a person who before or after the commencement of this Act, has been sentenced to a substantive term of imprisonment, such sentence not having been set aside in appeal or revision, on not less than three different occasions for one or another of the offences set forth in the Schedule;

(d) "order of restriction" means an order of the nature mentioned in Section 3;

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

(f) "settlement" means a settlement established or certified under Section 11;

(g) "State Government" means the Government of Uttar Pradesh;

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

(a) to restrict his movement to any specified area, within a district;

(b) to intimate to such authority and in such manner, as may be prescribed, his place of residence, every change or intended change thereof or any absence or intended absence therefrom or;

(c) to report himself at the time and the place and in the manner specified.

(i) he was less than 18 years of age on the date of notice;

(ii) a period of more than three years has intervened between the date of notice and the expiry of the term of the last sentence of imprisonment passed against him;

(iii) he is not an habitual offender.

(i) the nature of the offences of which the habitual offender was convicted and the circumstances in which they were committed,

(ii) the present employment or occupation of the habitual offender,

(iii) the suitability of the area to which his movements are to be restricted, and

(iv) the manner, circumstances and the conditions in which the State Government shall make provision for the employment of an habitual offender against whom an order of restriction has been passed under sub-section (2) of Section 6.

(b) escapes or departs, from a settlement, may be arrested without warrant by any Police Officer or any official of the settlement empowered in this behalf by a general or special order of the State Government, and may be taken before a Magistrate of the first class, who shall order him to be removed to such area or settlement, as the case may be, to be dealt with in accordance with this Act.]

(a) Section 6, or

(b) Sub-section (1) or (2) of Section 8, or

(c) Sections 9, 10 and 12, or

(d) Section 16 for the removal of the habitual offender to the area to which his movements have been restricted or to a settlement in which he has been ordered to be placed, and the same shall be final and shall not be questioned in any court.

(i) form of the notice under Section 4;

(ii) the areas to which the movements of any habitual offender may be restricted and the nature of the restrictions to be observed by such person;

(iii) the conditions of leave and the form and conditions of passes under which habitual offenders may be permitted to leave the area to which their movements have been restricted of the settlement in which they have been placed;

(iv) the grant of certificate of identity to habitual offenders against whom an order of restriction has been made, and the circumstances in which they shall produce such certificates for inspection;

(v) the working, management, control and supervision of settlements;

(vi) the conditions and the manner of certifying privately managed settlements;

(vii) the admission of habitual offenders to the settlement, their discharge therefrom and the procedure to be followed;

(viii) the conditions and the circumstances under which the members of family of the habitual offenders may be permitted to stay with him the settlement;

(ix) the discipline to which persons endeavouring to escape from any settlement or otherwise offending against the rules for the time being in force, shall be subject;

(x) the summoning of assessors and payment of travelling and daily allowances to them;

(xi) maintenance of the register for keeping a record of the orders of restriction;

(xii) the manner of taking finger impressions; and

(xiii) the matters which are to be and may be prescribed.

The Schedule

[See clause (c) of sub-section (1) of Section 2]

Offences under the Indian Penal Code