396. The following persons shall be liable to be classified as "habitual criminals", namely:-
(a)any person convicted of an offence whose previous conviction or convictions under Chapter XII, XVI, XVII or XVIII of the Indian Penal Code taken by themselves, or with the facts of the present case, show that he habitually commits an offence or offences, punishable under any or all of those Chapters;(b)any person committed to, or detained in prison, under Section 123 (read with Section 109 or Section 110) of the Code;(c)any person convicted of any of the offences specified in (a) above, when it appears from the facts of the case, even though no previous conviction has been proved, that he is, by habit, a member of a gang of dacoits or thieves, or a dealer in slaves or in stolen property;(d)any member of the following criminal tribes :(1)Badak, (2) [Banjara], (3) Baori, (4) Barwar, (5) Beria, (6) Bhampta, (7) Chhapparband, (8) Chita Pardhi, (9) Dakhani Kanjar, (10) Dom, (11) Gopal, (12) Harni, (13) Irani, (14) Kailkari, (15) Kanjar (Kabutri Nut), (16) Kolhatee, (17) Mang Garodi, (18) Marwari Baori (Baghri), (19) Mina, (20) Nut (Muslim), (21) Pasi, (22) Sanchaloo Waddar, (23) Sansi, (24) Sonaria, (25) Takankar;(e)any person convicted of an offence and sentenced to imprisonment under the corresponding sections of the Indian Penal Code and the Code of Criminal Procedure as applied by order under the Indian (Foreign Jurisdiction) Order in Council, 1902 or by the authority of any Prince or State in India;(f)any person convicted of an offence by a Court or Tribunal acting outside India, under the general or special authority of His Majesty, which would have rendered him liable to be classified as a habitual criminal, if he had been convicted in a Court established in India.Explanation. - For the purposes of this definition the word "conviction" shall include an order made under Section 118 read with Section 110 of the Code.
