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State of Madhya Pradesh - Section

Section 397 in Criminal Courts - Rules and Orders

397. 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 the District Magistrate, or in absence of an order by the convicting Court or District Magistrate, and pending the result of a reference to the District Magistrate, by the officer in charge of the jail, where such convicted person is confined:

Provided that any person classed as a habitual criminal may apply for a revision of the order.