Section 2(2) in The Jammu And Kashmir Habitual Offenders (Control And Reform) Act, 1956
(2)"Habitual offender" means a person -(a)who, during any continuous period of five years, whether before or after the commencement of this Act, has been convicted and sentenced to imprisonment more than twice on account of any one or more of the offences mentioned in the Schedule to this Act committed on different occasions and not constituting parts of same transaction; and(b)who has, as a result of such convictions, suffered imprisonments at least for a total period of twelve months.Explanation. - (1) A conviction which has been set aside in appeal or revision and any imprisonment suffered in connection there with shall not be taken into account for the above purpose.Explanation. - (2) In computing the period of five years, any periods spent in jail either under a sentence of imprisonment or under detention shall not be taken into account;
