Proceedings against habitual offenders (Section 110 of CrPc)

Legal provisions regarding Proceedings against habitual offenders under section 110 of the Code of Criminal Procedure, 1973.

Section 110 of the Code of Criminal Procedure provides that when an Executive Magistrate receives information that there is within his local jurisdiction a person who;

(a) Is by habit a robber, house-breaker, thief, or forger; or

(b) Is by habit a receiver of stolen property knowing the same to have been stolen; or

(c) Habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or

(d) Habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code, 1860 or under Sections 489-A, Section 489-B, Section 489-C or Section 489-D of that Code; or

(e) Habitually commits, or attempts to commit, or abets the commission of offences, involving a breach of the peace; or

(f) Habitually commits, or attempts to commit, or abets the commission of,—

(i) Any offence under one or more of the following Acts, namely:—

Image Source: 41.media.tumblr.com

(a) The Drugs and Cosmetics Act, 1940;

(b) The Foreign Exchange Regulation Act, 1973;

(c) The Employees’ Provident Fund and Miscellaneous Provisions Act, 1952;

(d) The Prevention of Food Adulteration Act, 1954;

(e) The Essential Commodities Act, 1955;

(f) The Protection of Civil Rights Act, 1955;

(g) The Customs Act, 1962;

(h) The Foreigners Act, 1946; or

(ii) Any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or

(g) Is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.