Bare ActsThe Rajasthan Habitual Offenders Act, 1953

Section 5

Registered offenders to notify residence and to report themselves.

Amendment status not verified — confirm the current text below against the official source.

-(1) Every registered offender shall notify to such authority and in such manner as may be prescribed any change or intended change of his ordinary residence: Provided that where such offender changes or intends to change his ordinary residence to another district (whether within the State or not) he shall notify the change or intended change to the District Magistrate. (2) The District Magistrate may, by order in writing, direct that any registered offender, shall- (a) report himself once in each month or, where the District Magistrate for sufficient reasons specified in the order so directs, more frequently to such authority and in such manner as may be specified in the order; and (b) notify and absence or intended absence from his ordinary residence to the aforesaid authority: Provided that the District Magistrate may exempt any such offencer from notifying any absence or intended absence from his ordinary residence or such period and under such conditions as to him may appear reasonable.) br 5A. Procedure to be observed upon change of residence. - Where any registered offender changes his ordinary residence to another district within the State, the District Magistrate of the district in which the offender is registered shall inform the District Magistrate of the other district about such change and at the same time furnish him with the name and other particulars of the registered offender. br (2) On the receipt of such information to District Magistrate of the other district shall enter in his register the name and other particulars of the registered offender and inform the District Magistrate of the first district about such registration and thereupon such District Magistrate shall cancel from his register the entry relating to that offender. br (3) Where a registered offender changes his ordinary residence to another district outside the State, the District magistrate of the first district shall, while furnishing the District Magistrate of the other district with the name and other particulars of the registered offender, make a request to that District Magistrate that he may be informed of the steps, if any, which may have been taken in relation to the offender under any law for the time being in force in that other district and, upon the receipt of such information, the District Magistrate of the first district shall cancel from his register the entry relating to that offender. br (4) Upon the entry of the name and other particulars of a registered offender under sub-section (2) the provisions of this Act and rules made there under shall apply to him as if he has been registered in the register of the district to which he has changed his ordinary residence. 5B. Duration of registration and re-registration of habitual offenders . - (1)The registration of a habitual offender this Act shall, unless earlier cancelled, cease to be in force on the expiry of five years from the date of such-registration and on such cancellation or expiry the habitual offender shall cease to be a registered offender. (2) Notwithstanding the cancellation or expiry of duration of registration a habitual offender may be re-registered in accordance with the provision of this Act relating to registration as often as he is convicted of one or more of the scheduled offences at any time after such cancellation or expiry and the re-registration shall,unless earlier cancelled, cease to be in force on the expiry of five years from the date of such re-registration. (3) Notwithstanding anything contained in sub-section (1) and (2) where a registered offender is, during the period of registration or re-registration,convicted of one or more of the scheduled offences and sentenced to a substantive term of imprisonment, the duration of registration or reregistration shall be extended for a period of five years from the date of his release from such imprisonment. 5C.Representation against registration etc .- (1) Any person deeming himself aggrieved by the registration or re-registration of his name under section 3 or, as the case may be, section 5B or by any order made under sub-section (2) of section 5 may within sixty days from the date of such registration, re-registration or order make a representation to the State Government against the same (2) The State Government shall, after considering the representation and giving the aggrieved person an opportunity of being heard, either confirm or cancel the registration, re-registration or order, as the case may be, and shall, in the case of confirmation, record a brief statement of the reasons therefor.

Section 5 – The Rajasthan Habitual Offenders Act, 1953 | DailyLaw.ai