DISCLAIMER: This document is being furnished to you for your information by PRS Legislative Research (PRS). The contents of this document have been obtained from sources PRS believes to be reliable. These contents have not been independently verified, and PRS makes no representation or warranty as to the accuracy, completeness or correctness. In some cases the Principal Act and/or Amendment Act may not be available. Principal Acts may or may not include subsequent amendments. For authoritative text, please contact the relevant state department concerned or refer to the latest government publication or the gazette notification. Any person using this material should take their own professional and legal advice before acting on any information contained in this document. PRS or any persons connected with it do not accept any liability arising from the use of this document. PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Tamil Nadu Restriction of Habitual Offenders Act, 1948
Act 6 of 1948
Keyword(s):
Habitual Offender, Scheduled Offence, Settlement
1
1055
THE TAM= NADU RESTRIC!TION OF
HABITUAI OFFENDERS ACT, 1948.
F
TABLE OF cnmclu~c 1 1 Short title, extent and commencemmt.
2 Definitions.
1
NOT~F~CATION OF OFFENDERS AND RESTRICTIONS OF THEIR MOVFMPNrc I
3 Power of Government to notify habitual
offenders. 6
4 Delegation of powers to Disuict Magis- trate.
5 Notified offenders to inti~nate residcnm and change of residence.
6 Power to restrict movcmcnts of notified offenders.
7 Power to a ~ l c c l or altr~t- ~ l l l . h ,-,.. + ..:-*: I I - 9 Power to discharge or transfer pel-sons 1 I from scttlcrnwts.
10 , Ibm- to subject 'voluntary resjdellts in sett]cments t o rytrictions and penaltics
I
-.--- ..-
I /(
1056 Restriction
SECTIONS.
11 Power so make rules.
PENALTIES AND PROCEDURE.
12 P3nal:ies.
13 Arrest at' ngtified offenders.
14 Rules for th:: rcnlovnl of p:isoners to apply
in cct tqi17 a s e s .
MISCELLANEOUS.
15 Bar ot' juri~1i:tiori. 1 j-A Pr:~t:~lio~l of ; L C ~ ~ O I I fakc11 in good faith IS-n ~'OWC! 1,) 'itnc111I Schedule.
l5 EiY3c.t ,\I' c: ta;n ordcrs p.t.sccl undcr ,
. I f'rib;, h~r , 1924, ctc. 1 7 ( R ~ ~ p l . t ~ l r cl.)
i 3 ( R.'j)3:.:!~(i.)
Tl~c Scilcdule.
3
'[TAMIL NADU~ ACT Nix VI OF 1948.0 WHEREAS it is expedient to impc% =Ax :r6trictions on habitual offenders )h the 3 p t s ; s _P 3-a53 Nad~ l ; It is hereby enacted as follows :-
PRELIMINARY.
(3) It shall come into fort: :r: 2% day of
--- ----- --
These words were subst~tuted for & v-, - - : J ~ ~ r d " by the Tamil Nadu Adaptation of Laws Order 5%~' x . z~zucied by the Tamil Nadu Adaptation of Laws (Second * m w s cxdez, 19651. Pof Statement of Objects and Ww +Z ZY' Sr George Gazette, dated the 5th March 1948, Part T/J-- B 3 0 . This Act was extended to the -& T$ r~~uiSotrai by section 3 of, and the First Schedule to, the- Hsrged State (Laws) Act, 1949 (Taxnil Nadu Act XXXV d :C*-
4
ss there is anything repugnant
(2) "District Magistrate" means in the case of the presidency-town, the Commissioner of Police;
I
I (3) "Government" means the '[State J Govern-
(4) "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 occasions,"for any one or more
of the scheduled offences] each of the subsequent sen- tences having been passed in respect of an offence committed after the passing of the sentence on the previous occasion ;
E.tpianation.-The passing of an order requiring a person to give security for good behaviour with refe- rence to section 110 of '[the Code of Criminal I Procedure, 19731 (Central Act 2 of 1974) shall be I deemed to amount to the passing of a sentence of st1 bstantive imprisonment within the meaning of this clause.
(5) "notification" means a notification published in the Fort St. George Gazette;
(6) "notified offender" means a habitual offellder in respect of whom a notification has been issued under section 3 and is in force;
(7) "prescribed" means prescribed by rules made
1 under this Act ;
k -
t This word was substituted for the word " Provincial " by tk Adaptation Order of 1950. xpression " for OM or
n Penal Code (Central Act " section 2(1) (a) of the
ffinders (Amendment) Act,
0 ex ~ds~ion " the Code
of 1898) " by w i o n
I
5
[(7-A) ' scheduled offence ' means an offence
specified in the Schedule ; J
1 (8) "settlement" means a settl ment established or deemed to be established under 4 ction 8.
t NOTIFICATION OF OFFENDERS AND RESmCTIONS
OF THEIR MOVEMENTS.
2[3, (1) The Government may, by notification, Power of
if they are satisfied that any person is a habitcal offen- ~~~~ der declare that he shall be subject to the provisions habitual
of this Act to such extent and subject to such restric- offenders.
tions, if any, as may be &ecified in the notification,
(2) Every notification issued under sub-section
(1) shall be in force for a period of five years from the date of the publication of such notification, but the Government may, by notification, at any time before the expiry of the said period, cancel or modify any notificatiou issued under sub-section (1) .
(3) The cancellation of a notificat;on or the expiry of the period of five years, under sub-scction (2)
Thia clause was inserted by section 2(2) of theTamil NaduRestric-
i
tion of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975).
This raotlon was substituted for the origltull ocction 3 by section 3, /bid.
125-14-67~
\ I t
1
I
shall not be deemed to aTect the power of the Govcrn- ment under sub-scctinn (1) to issue a notification in respect of a llabitval ollender as often as he i s sentenced to a substan1;ve term cf ;mprisonment, such sentence not having been set aside in appeal or revision, for any one or more of the scheduled offences at any tjme after such cancellation or expiry.
(4) Notwithstanding anything contained in sub- section (2), where a notified offender is sentenced to a substantive term of imprisonment, such sentence not having been set aside in appeal or revision, for any one or more of the scheduled offenoes, the Governmenf - -
6
may direct that the notification issued under sub- section (1) in respect of such notified offender shall be in force for a further period of five years from the date of his release from such imprisonment.
(5) Before any notification is issued in respect of any person i~nder subsection (I), or modified to his disadvantage under sub-section (2), or before any direction is issuec' im respect of any notified offender under subsection (4), a reasonable opportunity shall be given to him to show cause against such issue, modi,ficatia~ or direction, as the case may be.
D e b t i o n 4. The Government may, by notification, delegate
of powers to their powers under section 3 to a District Magistrate,
District Magistrate. in respect of persons ordinarily residing in his district, subject to such restrictions and conditions as may be specified in the notification and subject also to control
and revision by them.
NO titied 5. Every notified offender shall intimate to such authority and in such manner as may be prescribed, his to intimate resib- place of residence, every change or intended change
and thereof, and every absence or intended absence there-
change of from :
residence.
Provided that the District Magistrate or any officer authorized by him may exempt any such offender from reporting any temporary absence or intended absence from his resicfence, not exceeding such limit as nuy be prescribed.
Power to restrict movement S of notified offenders. 6; (1) '[If in the opinion af the Government it i s
necessary or expedient in the interests of thc general public so to do], they may, by notification, declare that any notified offender shall he restricted in his movc- ments to a specified area.
-
Thase words yete substituted for the words " If in the opinion of the Go~e.rnmcnt lt is expedient to do so.' by section 4 ottboTamil Nadu Rustr~ction of Habitual Offenders (Amendment) Act, 1975 (Tamil Nadu Act 55 of 1975).
7
1948 : T.N.Act VIJ ~e8triction of 8obitua.l 1061 '
Offenders
(2) Before making any such declaration, the ,.' Government shall consider- I
(i) the nature of the offences, @Ay, of which + the offender has been coilvicted and the circumstances in which they were committed ; * I
(ii) whether the offender foliows any lawful occupation, and whether such occupation is a real one or merely a pretence for facilitating the commission of offences ;
(iii) the suitability+of the area to which his movements arc to be restricted ;
(iv) the manner in which it is proposed that he should earn his living in such area, and the adequacy of the arrangements therefor.
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7. The Government may, by notification, cancel Power to ! 'any declaration made under section 6 or alter any area cancel or notified under that section or this section ; and the alter such D District Magistrate may, by order in writing, alter any are2 notified under section 6 or this section into any other area situated in his district: I
Provided that before issuing any such notification or order, the Government or the District Magistrate shall considc.1- the ma!ters referred to in section 6, sub- scctiol~ (2), in so fiiras theymaybeapplicable.
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power to 11. (1) The Government may make rules to carry
makc rul*. out the purposes of this Act.
(2) In particular and withom prejudice to rhe
generality of the foreg3ing power, such rules may
provide for or regulate-
(a) all matters required or allowed by this Act to be prescribed ;
the manner and method of service of notification on the notified offender concerned;]
(b) the restrictions to be observed by notified offenders in respect of whom notifications or orders have been issued under section 6 or section 7 ;
(c ) the grant of' cxtificates of identity to noti- liec1 offenders, and the inspection of such c~rtificates ;
( d ) the conditions under which notified offend- 4-rs may be pzrmittcd to leave the area to which their movements are restricted or the places in which they ~ r - , settled ;
(e) the inspzction of the rccidences of noti- fied offenders ;
(f) the terms upon which notified offeilders may be discharged from the operation of this Act ;
(g) thc management and supervision of settle-
ments including the discipline and conduct of the
persons placed in them ;
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(h) the periodical review of the cases of all
persons who have been placed in m y settlerrent uvde. this Act.
(4) 411 notifications issued under this Act shall, unless they are express to come into force on a
particular day, come int force on the day on which they are published.
f
(5) Every rule made or notitication issued as soon as possible, after ir is made, or issued, be placed on the table of both Houses of thc Legislature, and if, before the expiry of the session. in which it is so
. placed or the next session, both Hou3t.s agree in making any modification in nny such rule o r notification or
both Houses agree that the rule or t~otification should not be made or issued, the rule or notificatiorl shall thereafter llnve effect only in such modified Sot.ln
o r be of no effcct, :-ls tbe case may be, so Irowever, hat any such modification or rinnulment shall be without prejudice to the validity ot'ilnything previously clone under that rule or notification.1
12. Any 11o1i l i ~ c l ~ffi'lldt'~ 1 1 ~ ) c'o~~travt'tic~, ally pcllalties clT the p~.ovi\ions of this Act or' any notification,
rule or ordcr madc t hereundei. slj:~ l l be punishable-
(a) on a first conviction, with imprisonment for a term which 111 iy extend to six months, or with
fine which may extend to t jvo hundred rupees, or with both ; ---- - , - -----c These sub-sections weresubstituted fob sub-section (3) by section 5 (2) of the Tamil Nadu Restriction of Hnbitunl Offenders (Amclvi- meat) Act, 1975 (Tamil Nadu Act 55 of 1975).
i
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- -- p---"-̂--""--- -.-- -~*-a
":5T'wXw \ % &$y?3
- '?+ : " \.?$
Rbtriction of Habitual 11948: T.N,Act V
I Oflenders -
(b) on a second or subseq~lent anviction, with imprisonment for a term which may extend to one .. year, o r with fine which may extend to five hundred
rupees, or with both.
h e s t of 13. If a notified, offender- '
rntified offenders. - (a) is found outside the area to which his move-
ments have been restricted, i n cont-zvention of the conditions under which he 1s permlttsd to leave such area, o r
(t) escapes from ally settlement In wlljch hc has been placed,
he may be arrested witho~q warrant by any pnl.ct
officer, village headman or village watchman. [If the offender is arrested, lie shall b t .nformed as soon a s nlay b ~ , cf the grounds for sucli arrest and >ha l l bz produced b:for-c the nearcst Mngi:tratc with n i i p:ri~d of twenty-four hours cf such . I t iz t t . exclucii:1y th- Time necessa! y for thc Journey from the plncc of arrest to thr: C- urr of t h ~ \ Mag ct12~1e ,ii\,l t J~e o f f e ~ ~ d c ~ shall not be d:t-rind be), )lid tllc s t jd per;od withc)~tt
tlx authwity of the Mnglstralc. Magisis::tc shall. 011 p~odliction of the o f f c~~dr r , t i ~ r l or1 p ~ o o t of th: facts, order him 113 he r e m o ~ c d ] to such or to such settlemezt, lllere to be tleitlr wltll 1n accoicl- :lr~ci. wllh i his Act and any I i~les 111:1rfe theici:l,tlc,.
Rules f o ~ 14. Evcry iaw 01. rule Lhr the tin~c. l'cir~g JII rt r3c
f h e m ~ o v a ) gokerning I he removal 01- 111 isoners hI1,11I applj I \ . i l
I of priionerr 1 to aqply i~ persons o ~ l c r e d to he placed L 11 :I s t t r len~ent I I 11<1r I I artam sectmn 8 or to !,e removcd rlnde~ sr~.tion 13 :
d 8 W . Provided that nt/ order fronl t l ~ e Governn~e~ri or the Inspector-General 01 P r j b o ~ l h - '-1l:l I1 be necesssl j
for the removal of such persons.
,
--I - - - - _ _ - -- -_II-- -
1 TI cse words were substilu~cd fo (hc words "and token before a Mag~stratc who, on proof of the facts, shall order him to be rrmovd" k the Adaptation (Amendment) Order of 19)t.
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11
1948 : I.N. Act VI] Hestriction of Habitual ' 1065 0fSend~r.s
15. No Court Shall question th+va!idity of any Bar of
notification (other than one under section ?), or jurisdiction.
order, issued under this Act. ' [IS-A, ( I ) No suit, grcsec~\tion or cther legal Protectionof
pr~ceeding shall i i e againat any ozrson for an) thing taken in good faith. which is In good f ~ i t h dclrle 91 intendcd to be done i n pursua~~ce of this Act o r i111y rule rnnde thereunder.
I (2) N o suit 01 yll~zs Icgal proceeding shall
l i e against the Govc:nmcnt for any damage ca !I sed
o: likely io be caused by ,lnything which I S in good
fkith done 01. intended to be done In pulsuancc of
this Act or any rule made thereunder.
15-B. ( I ) The Govel.n~ncnt may: !,jr nnti fic:ition, ;''';'nefdto - amend the Schedule. Schedule.
(2) Ally reference n1::di: i 11 this Act to the Schcclulc shall be considered as relating to thc Schedule a> for the time being amended i n clercisc of the powers conferred by sub-section (I).]
<'entrii I 16. ( 1 ) In respect of e ~ e r y person P ho stood Effet3f ~~~~1
sc::istered under the Criinilvl Trrbcs ,4-1. 19?,4* (hrre- ~ ~ ~ J ! ~ i:lnfter in this sectiqn referred to as the said Act) pa?sed untler
;it the commencement of this Act and who, within a Crlmlnal
p-~.iod of five years immediately preceding such Tribes Act, 1924,et c.
c!, rnmencement, had been either ordered to give :*c;*;urity for good behaviour with reference to section l i 0 of "the Code of Crimir)al Procedurc, 13731
-- -
1 These sections were il~serted by section 6 of the Tamil Nadu llcslriction of Habitual Offel~ders (Amendment) Act, 1975 (Tamil Nadt~ Act 55 of 1975).
2 This expression was sub8tituted for: the expression " the,Codc of Crtrniual Procedure, 1898 (Central Act V of 1898)" by sectron 7, ihid. i
"rbis Act has been re aled by the Crhinal Tribes Lswa ( M, I952 (Central Act &V of 1952). ;
12
(2) Ewry no ti fication issued in respect of any person under section 3 of the Madras Restriction of Habitmi Offenders Act, 1943,* and in force at the - comrnencenlent of this Act, shall be deemed to have ofI943.
been issued under ~ection 3, sub-section ( I ) , of this Act,
a11 references i n that notificatioll to the provisions of the said Act and the rules made under it being construed ns references to the corresponding pto- visions o f this Act and tllc I - L ~ ! ~ s made under i t .
(3) Any notificatic)n or order issved or made 11ndcr thc >.\id i\ct i n ~.cspect o f ally person referred to in sub-section (1) or sub-section (2), and i n fol-ct. at the comtnencemellt of this Act, restricti~lg the movements of such person or placing him in a settle- ment slyall bc deemed to have been issued or made
11 ncler this Act.
(4) All b-ttlemenls cstabiisllcd under section 16 of the haid Act and cristing at tllc comme~~ce~nent of this Act shall be deemed to have been cstab!ished under 8,ection 8 o f lI1i5 ~ c t .
--- -
1 Sections 17 and 18 were repealed by section 2 of, a d the %st .
Schedute to, the TadlSLflailadu Repealing and Amnendtng Act, 1952'1 *
(Tjmil N~du hct q p f 1952). l'l& Act has b& repealed by wtioa 17 of theT tricrioo o f rfabitualOftcndcrs Act, l%S(TamiLNadu
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*-.--~'"-".**.*= .-.w s ,.-*.." ,* **' *a*4-*- > -.*.. .- W- . . , ,e; T * s.9
I ,
. . l[TH,E SCHEDULE. [See section 2 (7-A). 1 Offences under the Indian Penal Code.
CHAPTER X1T.
SECTIONS:
23 1. Counterfeiting cch 11 .
232. Counterfeiting Indian coiu.
233. Making or selling instrument for counter- feiting coin.
234. Making or selling instrumciit for collnte - fciting Indian coin
235. Possessioll of instrument or niaterjal lo1 the 8
purpose of using the same for counter- feiting coin.
239. Delivery of coin possessed with knowledge that it is counterfeit.
240. Delivery of Indian coj~l possessed w i~ li know-
ledge that it is cotlnterfeit.
242. Possession of counterfeit coin by pcrson 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. -----
I a
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i
I
CHAPTER XVI. *-
304. Culpable homicide not amounting to murder.
307. Attempt to murder.
308. Attempt to commit culpable homicide. 31 1. Being a thug.
324. Voluntarily causing hurt by dangerous wea- pons or means.
I 325. Voluntarily causing grievous hurt. 1 326. Voluntarily causing grievous hurt by dacgerous weapons or means.
I 327. Voluntarily causing hurt to extort property,
I
1 ,
or to constrain to 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. I
332. Volu~itarily causing hurt to deter public servant from his duty. I
333. Voluntarily causing grievous hurt to tlelcr
public servant from his duty, I
347. Wrongf~ll confillernent to extort property, or constrain to illegal act. I
363A. Kidnapping or maiming a minor for pur- poses of begging,
365. Kidnapping or abductillg with intent secrctly #
and wrongfully to confine person.
V : 366A. Procuration of minor girl.
X
366B. Importation of girl from foreign country.
ig or keeping in con- ed or abducted person. ~lcting child ilnder ten +to steal from its person.
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:.&
1069
CHAPTER XVII.
~ECTIONS :
379. Theft. 9
380. Theft in dwelling house, eic. I 382. Theft after preparation made for causing death, hurt or restraint in order to the com- mitting of the theft. I 384. Extortion.
385. Putting person in fear of injury in order to commit extorkon.
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.4
393. Attempt to commit robbery. -
394. Voluntarily causing hurt in committing robbery.
395. Dacoi ty.
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 gang of dacoits.
4 01. Belonging to gang of thieves. 402. Assembling for purpose of committil~g dacoity, 1 41 1. Dishonestly receiving stolen property. 414. Assisting in concealment of stolen property. 451. House-trespass in order to commit offence punishable with ipprisonment.
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7 V , -9": - " ""&. -t, 4. , 9" #% ,+? -7
5>.' ,'
? .*
&&ti&'&~~$i1[~~i~+[$94s: T.N. Act 'VI Offders
SECTIONS :
452. House-trespass after preparaticmn- for hurt, assault or wrongful restraint.
I F- 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.
I - 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 lurk- ing house-trespass or house-breaking.
460. All persons jointly concerned in lurking house- trespass or house-breaking by night punish- abl; bvliere death or grievous hurt caused by one of them.
Oflence urlder the Suppression of Immoral Traffic in Women and Girls Act, 1956. -
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4. Living on the earnings of prostitution.]
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