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(iii) Habitual offenders.

Whenever an executive Magistrate receives information that there is within the limits of his jurisdiction any person, who

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1. (a) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate any seditious matter (Section 124-A, I.P.C.)

(b) Any matter promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, et. (Section 153-A, I.P.C.)

(c) Makes or publishes any imputations prejudicial to national integration (Section 153-B, I.P.C.)

(d) with deliberate and malicious intention of outraging the religious feeling of any class of citizens of India insults or attempts to insult its religion or religious beliefs (Section 225-A, I.P.C.)

(e) Any matter concerning a judge which amounts to criminal intimidation or defamation; or

(f) makes, produces, publishes, imports or distributes any obscene matter referred to in Section 292, I.P.C., Section 108);

2. Is taking precautions to conceal his presence with a view to commit an offence (Section 109); or

3. (a) is by habit a robber, house-breaker, thief or forger; or

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

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

(d) habitually commits or attempts or abets the commission of the offence of kidnapping, abduction, extortion, cheating or mischief or any offence relating to coins and currency, using as genuine or possession of forged or counterfeit currency-notes or bank-notes or making or possessing instruments for forging such notes or making or using documents resembling currency or bank-notes; or

(e) Habitually commits, attempts 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 any offence under the Drugs and Cosmetics Act, 1940, the Foreign Exchange Regulation Act, 1973, the Employees’ Provident Funds Act, 1952, the Prevention of Food Adulteration Act, 1954, the Essential Commodities Act, 1955, the Untouchability (Offences) Act, 1955, the Customs Act, 1962, The Foreigners Act, 1946 or any offence under any other law providing for the prevention of hoarding or profiteering or of adulteration of goods or drugs or corruption; or

(g) is so desperate and dangerous as to render his being at large without security hazardous to the community. (Section 110); Such Magistrate may require such person to show cause why he should not be ordered to execute a bond, in cases (1) & (2), i.e., under Sections 108 and 109 with or without sureties and in case (3), i.e., under Section 110, with sureties for his good behaviour for such period not exceeding one year under Sections 108 and 109 and 3 years under Section 110, Cr.P.C., as the Magistrate thinks fit to fix.

It’s Objects:

The objects of these provisions are to afford protection to the public against a repetition of crimes in which the safety of property is menaced. It is with a view to preventing and not punishment of offences that the above provisions have been incorporated in the Code.

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