BNSS Section 394 — Order for notifying address of previously convicted offender

Summary

If a person who has already been convicted in India of an offence punishable with at least three years in prison is later convicted again of another such offence by a court that is not a Magistrate of the second class, that court may, when sentencing them to prison, also order that their address and any change or absence from that address after release must be notified to authorities. This notification requirement can last up to five years from the end of their prison sentence. This rule also applies to criminal conspiracies, abetment, and attempts to commit such offences. If the later conviction is overturned on appeal or otherwise, the notification order becomes invalid. An appellate court or the High Court or Sessions Court can also make such an order when reviewing a case. The State Government can make rules about how released convicts must notify their residence or any change or absence from it, and those rules can include punishments for breaking them, with the case to be heard by a magistrate in the district where the convict last notified their residence.

Official Text

(1) When any person, having been convicted by a Court in India of an offence punishable with imprisonment for a term of three years, or upwards, is again convicted of any offence punishable with imprisonment for a term of three years or upwards by any Court other than that of a Magistrate of the second class, such Court may, if it thinks fit, at the time of passing a sentence of imprisonment on such person, also order that his residence and any change of, or absence from, such residence after release be notified as hereinafter provided for a term not exceeding five years from the date of the expiration of such sentence.

(2) The provisions of sub-section (1) shall also apply to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them.

(3) If such conviction is set aside on appeal or otherwise, such order shall become void.

(4) An order under this section may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.

(5) The State Government may, by notification, make rules to carry out the provisions of this section relating to the notification of residence or change of, or absence from, residence by released convicts.

(6) Such rules may provide for punishment for the breach thereof and any person charged with a breach of any such rule may be tried by a Magistrate of competent jurisdiction in the district in which the place last notified by him as his place of residence is situated.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §356 — Order for notifying address of previously convicted offender