142. Prisoners to be classified as habitual offenders.
- The following prisoners shall be classified as habitual offenders: -(1)Any person convicted of an offence punishable under Chapters XII, XVII and XVIII of the Indian Penal Code whose previous conviction or convictions taken in conjunction with the facts of this case, show that he is by habit a robber, housebreaker, dacoit, thief or receiver of stolen property or that he habitually commits extortion, cheating, forgery or in the habit of counterfeiting coin, currency notes and stamps.(2)Any person convicted of an offence punishable under Chapter XVI of the Indian Penal Code, or under the Prevention of Prostitution Act, 1923 or any law corresponding thereto or under the Immoral Traffic (Prevention) Act, 1956, whose previous conviction or convictions taken in conjunction with the facts of this case show that he habitually commits offences against persons or is habitually engaged in immoral trafficking in women or children.(3)Any person committed to or detained in prison under section 122 (read with section 109 or 110) of the Code of Criminal Procedure, 1973.(4)Any person convicted of any of the offences specified in clauses (1) and (2) 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 group of dacoits or of thieves or a dealer in stolen property or a trafficker in women or children for immoral purpose.(5)Any person convicted by a Court or Tribunal acting outside India, of an offence 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 rule, the word 'conviction' includes an order made under section 117 read with section 110 of the Code of Criminal Procedure, 1973.
