Section 179 in Criminal Rules of Practice and Circular Orders, 1990
179. Convicts to be classified as "Habitual" or "Casual":
- Whenever possible a Court which convicts an accused person should decide whether he is to be classified as an 'habitual' or 'casual' convict, and make a note of the decision on the warrant of commitment for the information of the jail authorities.The following persons are liable to be classified as "Habitual Criminals" viz.,(i)any person convicted of an offence punishable under Chapters XII, XVII or XVIII of the Indian Penal Code, whose previous conviction or convictions, taken in conjunction with the facts of the present case, show that he is by habit a robber, house-breaker, dacoit, thief or receiver of stolen property, or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps, or forgery ;(ii)any person convicted of an offence punishable under Chapter XVI of the Indian Penal Code, whose previous conviction or convictions taken in conjunction with the facts of the present case, show that he habitually commits offences ;(iii)any person committed to or detained in prison under Section 122 read with Section 109 or Section 110 of the Code ;(iv)any person convicted of any of the offences specified in (i) 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 gang of dacoits, or of thieves or a dealer in slaves or in stolen property;(v)any person convicted by a Court or Tribunal acting outside India under the General or Special Authority of the Central Government of an offence which would have rendered him liable to be classified as habitual criminal if he had been convicted in a Court established in India.Explanation: - For the purpose of this definition, the word "conviction" shall include an order made under Section 117, r/w the Section 110 of the Code.(1)The classification of a convicted person as a habitual criminal should ordinarily be made by the convicting Court, but if the convicting Court omits to do so, such . classification may be made by Chief Judicial Magistrate, or in the absence of an order by the convicting Court or the Chief judicial Magistrate and pending the result of a reference to the Chief Judicial Magistrate by the Officer-in-charge of the Jail, where such convicted person is confined:Provided that any person classified as a habitual criminal may apply for a Revision of the Order.(2)The convicting Court or the Chief Judicial Magistrate for reasons to be recorded in writing may direct that any convicted person or any person committed to or detained in prison under Section 122 read with Section 109 or Section 110 of the Code, shall not be classified as a habitual criminal and may revise such direction.(3)Convicting Courts or Chief Judicial Magistrates, as the case may be, may revise their own classification and the Chief Judicial Magistrate may alter any classification of prisoner made by a convicting Court or any other authority, provided that the alteration is made on the basis of facts which were not before such Court or authority.
