with section 110, of the Criminal Procedure Code.
COMMENTS
These sections of Cr.P.C. are for Court order to present
good conduct surety by habitual persons.
Note 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 .the [District Coordination Officer] or in the absence of an
order by the convicting Court or [District Coordination Officer] and
pending result of a reference to the [District Coordination Officer],
by the officer Incharge of the prison where such convicted prisoner
is confined;
Provided that any person classed as a habitual criminal may
apply for the revision of the order.
Note 2. The convicting Court or the [District Coordination
Officer] may, for reasons to be recorded in writing, direct that any
convicted person or any person committed to or detained in prison
under section 123, read with section 110 of the Code of Criminal
Procedure shall not be classed habitual criminal and may revise
such directions.
Note 3. Convicting Courts or [District Coordination
Officers], as the case may be, may revise their own classifications,
and the [District Coordination Officer] may alter any classification
of a 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.
Note 4. The expression [District Coordination Officer]
wherever it occurs in notes 1, 2 and 3 above means the [District
Coordination Officer] of the district in which the criminal was
convicted, committed or detained.
Note 5. Every habitual criminal shall, as far as possible, be
confined in a special prison in which no prisoner other than
habitual criminal shall be kept:
Provided that the Inspector-General of Prisons may transfer
to this special prison any prisoner not being a habitual criminal
whom for reasons to be recorded in writing, he believes to be of so
vicious or depraved a character as to exercise, or likely to exercise,
so evil an influence on his fellow prisoners that he ought not to be
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