RESTRICTION OF HABITUAL OFFENDERS (PUNJAB) ACT, 1918

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Restriction of Habitual Offenders (Punjab) 
1918: Act V 
CONTENTS 
1. Title and extent.  
2.  Scope of order of restriction. 
3.  Order of restriction against habitual offenders. 
Joint proceedings and record. 
4.  Procedure in making order of restriction. 
5.  Issue of warrant in lieu of or in addition to summons. Section 90 of the Code of 
Criminal Procedure. 
6.  Discharge of person informed against. 
7.  Making of order of restriction. 
Particulars to be specified in order of restriction. 
8.  Order of restriction under section 123(3) of Criminal Procedure Code. 
Order of restriction against convicted offender. 
9. Means of livelihood within area of restriction. 
Change of area where means of livelihood insufficient. 
 10. Power to cancel order of restriction. 
 11.  Power to vary area of restriction. 
 12.  Power to substitute order of restriction for bond for good behavior. 
 13.  Appeal. 
 14.  Applicability of the Code of Criminal Procedure to appeals and revisions. 
 15.  Arrest of person found beyond prescribed limits. 
 16. Power to make rules. 
 17. Penalties. 
Period of imprisonment to be excluded from period of order of restriction. 
THE RESTRICTION OF HABITUAL OFFENDERS 
(PUNJAB) ACT 1918 
(V of 1918) 

TEXT 
1
THE RESTRICTION OF HABITUAL OFFENDERS (PUNJAB) ACT 
1918 
2
(V of 1918) 
[26 April 1918] 
An 
Act 
for restricting the movements of habitual offenders in the Punjab and for requiring 
them to report themselves. 
WHEREAS it is expedient to make provision for restricting the movements of 
habitual offenders in the Punjab and requiring habitual offenders in the Punjab to 
report themselves, and whereas the previous sanction of the Governor -General in 
Council has been obtained under section 79(2) of the Government of India Act, 
1915, to the passing of this Act: it is hereby enacted as follows:– 
1.  Title and extent .– (a) This Act may be called the Restriction of Habitual 
Offenders (Punjab) Act, 1918. 
(b)  It extends to the Punjab. 
2.   Scope of order of restriction .– An “Order of restriction” passed under this 
Act may restrict a person in his movements to any area prescribed in the order; or it 
may require a person to report himself at times and pla ces and in the mode 
prescribed in the order; or it may do both. 
3.   Order of restriction against habitual offenders .– (a) In any case in which a 
Magistrate may under the provisions of section 110 of the Code of Criminal 
Procedure, 1898
3
, as it is at prese nt enacted or as it may from time to time be 
amended, require a person to show cause why he should not be ordered to execute 
a bond for his good behaviour, the Magistrate may in lieu of or in addition to so doing 
require such person to show cause why an or der of restriction should not be made 
against him. 
(b) Joint proceedings and record .– If the Magistrate in addition to 
requiring such person to show cause why he should not be ordered to 
execute a bond for his good behaviour requires him to show cause why 
an order of restriction should not be made against him, the proceedings 
in respect of the order of restriction may be taken jointly with the 
proceedings in respect of security and may be entered in and form part 
of the same record. 
                                                           
1For Statement of Objects and Reasons, see Punjab Gazette , Part V, dated January 18, 1918, pp. 53-55; for Report of the 
Select Committee, see ibid., dated February 8, 1918, pp. 59-63; for proceedings in Council, see ibid., dated January 4, 1918 
dated January 4, 1918, pp. 15-21, dated February 22, 1918, pp. 109-130, and 132-150. 
2This Act received the assent of the Lieutenant -Governor of the Punjab on 14 th March, 1918; that of the Governor -General on 
2nd April, 1918; and, was published in the Punjab Gazette Part V, dated 26th April, 1918, pp. 340-342. 
3India Act V of 1898.   
4.  Procedure in making order of restriction .– When a Magistrate deems it 
necessary to require a person to show cause why an order of restriction should not 
be made against him, he shall follow as nearly as may be the procedure laid down in 
sections 112, 113, 114, 115 and 117 of the Code of Criminal Procedure, 1898
1
: 
 Provided that– 
(1) the order in writing referred to in section 112 of the said Code shall in 
addition to setting forth the substance of the information received state 
the term not exceeding three years during which t he order of restriction 
shall be in force; but it need not state whether the order of restriction 
shall be an order restricting the person to any area or requiring him to 
report himself or doing both; and 
(2) for the purposes of section 117(2) of the said Code an order of 
restriction shall be deemed to be equivalent to an order requiring 
security for good behaviour. 
5.  Issue of warrant in lieu of or in addition to summons. Section 90 of the 
Code of Criminal Procedure.– The provisions of section 90 of the C ode of Criminal 
Procedure, 1898
2
, shall be applicable to proceedings under this Act as if they were 
proceedings under the said Code. 
6.  Discharge of person informed against .– If upon enquiry made in 
accordance with the preceding sections the Magistrate is  of opinion that no order of 
restriction is necessary, the Magistrate shall make an entry to that effect on the 
record, and if he does not order the execution of a bond for good behaviour he shall 
if such person is in custody only for purposes of the enqui ry release him or if such 
person is not in custody discharge him. 
7.  Making of order of restriction .– If upon enquiry as aforesaid the Magistrate 
is of opinion that an order of restriction should be made against any person in 
respect of whom the enquiry i s being made, the Magistrate shall make an order 
accordingly: 
  Provided that he shall not make an order of restriction against any person 
against whom he makes an order under section 118 of the Code of Criminal 
Procedure, 1898
3
, requiring such person to execute a bond for his good behaviour. 
  Particulars to be specified in order of restriction .– In his order under this 
section the Magistrate shall state whether the said person shall be restricted in his 
movements, or shall be required to report himself, o r both. The order shall conform 
to any rules made by the 
4
[Provincial Government] under section 16 and shall specify 
the area and the nature of the restrictions to be imposed and the places and the 
times and mode of report, as the case may be. 
                                                           
1India Act V of 1898. 
2India Act V of 1898. 
3India Act V of 1898. 
4Substituted for the words “Local Government” by the Government of India (Adaptations of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary) , dated April 1, 1937, pp. 75-344, s. 4 and Table of General 
Adaptations. 
 No order of  restriction shall be for a term exceeding three years or for a term 
longer than that specified in the order under section 4. 
8.  Order of restriction under section 123(3) of Criminal Procedure Code .– 
(1) An order passed by a Sessions Judge under section 1 23(3) of the Code of 
Criminal Procedure, 1898
1
, may substitute for an order requiring security an order of 
restriction for the same or a less period. 
(2)  Order of restriction against convicted offender .– In any case in 
which a Court or Magistrate is empow ered to take action against any convicted 
person under section 565 of the Code of Criminal Procedure, 1898
2
, such Court or 
Magistrate may if it or he thinks fit at the time of passing sentence on such person 
and in lieu of passing an order under the said s ection make an order of restriction 
against such person for a period not exceeding three years from the date of the 
expiry of such sentence. 
(3)  If such conviction is set aside on appeal or otherwise, such order shall 
become void. 
9. Means of livelihood within area of restriction.– (1) No order shall be made 
restricting any person to any area unless the Court or Magistrate making the order is 
satisfied that such person has adequate means of earning his livelihood within the 
area of restriction: Provided th at before making such order the Court or Magistrate 
shall record and consider any objection which such person may urge in regard to the 
area proposed. 
 (2)  Change of area where means of livelihood insufficient .– If at any 
time any person against whom an order of restriction has been passed under this Act 
satisfies the Court or Magistrate passing the order or the District Magistrate that he 
has no sufficient means of earning his livelihood within the area to which he is 
restricted the Court or Magistrate shall change the area. 
10. Power to cancel order of restriction .– The District Magistrate may at any 
time for sufficient reasons to be recorded in writing cancel any order of restriction 
passed by any Court having jurisdiction in his district. 
11.  Power to vary area of restriction .– The District Magistrate may at any time 
change the area to which the movements of any person have been restricted by an 
order of restriction passed under this Act: 
 Provided that such person shall be given an opportunity of showi ng cause 
why such change should not be made. 
12. Power to substitute order of restriction for bond for good behaviour .– 
When an order requiring security for good behaviour h as been made against any 
person under section 118 of the Code of Criminal Procedure , 1898
3
 by any Court 
whether before or after this Act comes into force, the District Magistrate may at any 
                                                           
1India Act V of 1898. 
2India Act V of 1898. 
3India Act V of 1898. 
time before the period of security has expired substitute therefor an order of 
restriction: 
 Provided that– 
(a)  the period of the order of restricti on shall not exceed the unexpired 
period of security; and 
(b)  no order of restriction shall be passed against any person under this 
section until he has been given an opportunity of showing cause why 
such order should not be passed. 
13.  Appeal.– Any person against whom an order of restriction has been passed 
by any Magistrate other than a District Magistrate may appeal to the District 
Magistrate to have the order set aside. 
14.  Applicability of the Code of Criminal Procedure to appeals and 
revisions.– The provisions of the Code of Criminal Procedure, 1898
1
, shall be 
applicable to appeals and petitions of revision under this Act as if they were appeals 
and petitions of revision presented under the said Code. 
15.  Arrest of person found beyond prescribed li mits.– (1) If any person 
against whom an order of restriction under this Act has been passed is found in any 
place beyond the area to which his movements have been restricted, without the 
pass prescribed by the rules made under this Act, or at a time or in  a place not 
permitted by the conditions of his pass, he may be arrested without warrant by any 
police officer, zaildar, inamdar, village headman or village watchman. 
 (2) Any person, not being a police officer, making an arrest under this 
section shall wi thout unnecessary delay make over the person so arrested to a 
police officer, or, in the absence of a police officer, take or send such person to the 
nearest police station. 
16.  Power to make rules .– The 
2
[Provincial Government] may make rules
3
 to 
provide for and regulate– 
(i) the areas to which persons may be restricted under this Act and the 
nature of the restrictions to be observed by them; 
(ii) the times and places at which and the mode in which persons shall 
report themselves when required to do so under this Act; 
(iii) the conditions as to holding passes under which persons may be 
permitted to leave the area to which their movements have been 
restricted; 
(iv) the conditions to be inserted in any such pass in regard to– 
(a) the places to which the holder of the pass may or may not go; 
                                                           
1India Act V of 1898. 
2Substituted for the words “Local Government” by the Government of India (Adaptations of Indian Laws) Order, 1937, dated 18th 
March, 1937, published in the Gazette of India (Extraordinary) , dated April 1, 1937, pp. 75-344, s. 4 and Table of General 
Adaptations. 
3Issued vide Notification No. 9859, dated 29th April, 1918, published in the Gazette of India (Extraordinary), dated April 1, 1917, 
pp. 115-119. 
(b) the persons before whom from time to time he shall be bound to 
present himself, and 
(c) the time during which he may be absent. 
17.  Penalties.– (1) Whoever being a person against whom an order of restriction 
under this Act has been passed violates such order or any rule made under this Act, 
shall on conviction by a Magistrate of the first class be punished– 
(a) on a first conviction with imprisonment of either description for a term 
which may extend to one year, or with fine, or with both; 
(b) on a second conviction with imprisonment of either description for a 
term which may extend to two years; 
(c) on any subsequent conviction with imprisonment of either description 
for a term which may extend to three years. 
(2) Period of im prisonment to be excluded from period of order of 
restriction.– In computing the period for which an order of restriction shall remain in 
force, any period of imprisonment undergone in execution of a sentence passed 
under sub-section (1) of this section shall be excluded.