Who can be called a Habitual Offender? Can he be asked to furnish security for good behavior and for what period?

Q. Who can be called a Habitual Offender? Can he be asked to furnish security for good behavior and for what period?

1.INTRODUCTIOTN.

Section 108 of Code of Criminal Proceeding 1898 throws light regarding the proceeding which can be taken against a person who commits an offence punishable under section 123-A, 124-A & 153-A or criminal intimidation or defamation of a judge. The object of enabling a Magistrate to take security for good behavior for the prevention and not for the punishment of offence. The other object is to secure good behavior in future. The section is aimed at protecting society from dangerous character against the crimes.

2. RELEVANT PROVISIONS.

Section 108, 109 & 110 of Code of Criminal Procedure 1898.

3. MEANING OF TERM HABITUAL.

“The Habitual means “Formed or acquired by continual use, formed by repeated impression”.

OR

“The Habitual means continual an offence”.

4. DEFINITION OF HABITUAL OFFENDER.

“One who has been previously more than twice convicted of crime, sentenced and committed to prison”.

OR

“Such person who continuously again and again commits the offence or more than twice convicted of crime”.

5. HABITUAL OFFENDER.

Habitual offender means,

(i). Habitual robber.

(ii). House-Breaker.

(iii). Thief.

(iv). Forger.

(v). Habitual receiver of stolen property.

(vi). Habitual kidnaper, abductor, extorter.

(vii). Habitually committing offences involving a breach of the peace.

6. PERSONS FROM WHOM SECURITY FOR GOOD BEHAVIOR CAN BE DEMANDED.

Security for good behavior can be demanded from persons mentioned in Section 180, 109 & 110 of Code of Criminal Procedure 1898.

(I). Security For Good Behavior From Persons Disseminating Seditious Matter Under Section 108.

Under Section 108 of Code of Criminal Procedure 1898, proceedings can be taken against a person who commits or is about to commit an offence punishable under section 123-A, 124-A or 153-A or criminal intimidation or defamation of a judge. The object of enabling a Magistrate to take security for good behavior for the prevention and not for the punishment of offences. The object is to secure good behavior in future.

(II). Security For Good Behavior From Vagrants & Suspected Persons Under Section 109.

The second class of cases in which security for good behavior can be demanded is that of;

(a). Suspected Person, i-e, one who is taking precautions to conceal his presence with a view to commit any offence, and

(b). Vagrant, i-e, one who has no ostensible means of subsistence, or cannot give a satisfactory account of himself.

(III). Security For Good Behavior From Habitual Offenders Under Section 110.

The third category of persons from whom security can be taken for good behavior is habitual offenders and desperate character.

7. OBJECT OF THE SECTION 110.

The main object of section 11o is that give the punishment to the offender in respect of protection of the society from dangerous crimes.

8. SCOPE & APPLICATION OF SECTION 110.

On receipt of information that any person following within the local limits of jurisdiction of a Magistrate;

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

(ii). Is by habit a receiver of stolen property knowing the same to have been stolen, or

(iii). Habitually protects or harbors thieves or aids in the concealment or disposal of stolen property, or

(iv). 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 the Pakistan Penal Code 1860, or under section 486-A, section 589-B, section 489-C or section 489-D of the Pakistan Penal Code 1860, or

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

(vi). Is so desperate and dangerous as to render his being at large without security hazardous to the community.

A Magistrate may require him to show cause why he should not be ordered to execute a bond, with sureties, for his good behavior for a period not exceeding 3 years.

9. CONCLUSION.

The pith and marrow of all the previous discussion there is no iota untruth shows that on receipt of information that any person with in the local limits of jurisdiction of a Magistrate is Habitual offender, then Magistrate may require him show cause why he should not be ordered to execute a bond, with sureties for his good behavior for a period not exceeding 3 years.