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PART A -- PREVENTIVE MEASURES
Preventive measures against habitual offenders.-- The Criminal Procedure Code provides for preventive measures of two kinds against habitual offenders. Under section 110, security can be taken for their good behaviour (vide Chapter 3, Security Cases) ***[...].for a period extending upto five years in the event of their conviction in certain offences. In the Punjab another important remedy is provided by the "Restriction of Habitual Offenders Act 1918 (V of 1918). Under this Act an habitual offender can be restricted in his movements to a certain area or required to report himself at times and places in the manner prescribed in the order. An order of restriction may be passed in the same circumstances in which an order for security for good behaviour may be passed, but both orders cannot be made against a person at the same time ( cf. section 7 of the Act). The procedure to be followed in proceedings under this Act is mostly the same as that in proceedings under section 110 *[of the Code of Criminal Procedure1898]; but there are certain differences. For instance, when an order of restriction for a period of more than one year is passed by a Magistrate, the order of restriction does not require any confirmation by the Sessions Judge. Care should be taken to see that the order of restriction is in conformity with the rules framed by the Provincial Government under the Act (vide part F of this Chapter). An order directing a person not to leave his house between 8 p.m. and 5 a.m. was held in 8 I.L.R. Lah. 267, to be ultravires, not being in conformity with the aforesaid rules. District Magistrates have power to substitute an order of restriction in lieu of an order for security under section 110, of the said Code in any case coming to their notice on appeal or otherwise. Sessions Judges can make a similar order in cases submitted to them under section 123 (2) *[of the said Code].
An order of restriction is especially suitable in the case of habitual offenders who are not in a position to furnish security and in whose case an order for security under section 110 *[of the said Code] would necessitate their commitment to jail.
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