Key Changes in the Amendment
Redefining “Habitual Offender”
The amendment modifies rule 2, sub-rule (1), clause (xl) of the Haryana Prison Rules, 2022. The revised definition of a “habitual offender” is now as follows:
A person who, during any continuous period of five years, has been convicted and sentenced to imprisonment on more than two occasions for one or more offenses committed on different occasions, not forming part of the same transaction, and such sentences have not been reversed in appeal or review.
A critical proviso in the amendment clarifies that the “continuous period of five years” excludes any time spent in jail, whether under a sentence of imprisonment or detention. This ensures that periods of incarceration do not count toward the five-year timeframe used to determine habitual offender status.
Effective Date of the Amendment
The Haryana Prison (Amendment) Rules, 2025, will take effect from the date of their publication in the Official Gazette. This immediate implementation underscores the government’s intent to swiftly integrate the new definition into the state’s prison administration.
Implications for the Justice System
The redefined criteria for identifying habitual offenders could have significant implications for sentencing, parole decisions, and prison management in Haryana. By excluding time spent in jail from the five-year period, the amendment ensures a more precise evaluation of an offender’s criminal behavior outside of incarceration, potentially affecting how repeat offenders are classified and managed.
Source
DR. SUMITA MISRA, Additional Chief Secretary to Government, Haryana, Jail Department. Notification No. S.O. 82/C.A.9/1894/S.59/2025, published on October 24, 2025, in the Official Gazette (12180—L.R.—H.G.P., Pkl).