CrPC Section 356 — Order for notifying address of previously convicted offender

Summary

Sub-section (1) applies when a person previously convicted by a court in India is convicted again of certain offences. The previous conviction must have been for an offence under section 215, 489A, 489B, 489C or 489D of the Indian Penal Code; section 506 to the extent it concerns criminal intimidation punishable with imprisonment of up to seven years, a fine, or both; or an offence under Chapter XII, XVI or XVII of that Code punishable with imprisonment of three years or more. The new conviction must be for an offence under any of those sections or Chapters punishable with imprisonment of three years or more. If the new conviction is by a court other than a Magistrate of the second class, that court may, when passing a sentence of imprisonment, also order the person to notify their residence and any change of or absence from it after release. The order may last for up to five years from the expiry of the sentence.

Sub-section (2) extends sub-section (1) to criminal conspiracies to commit the offences named there, as well as the abatement of those offences and attempts to commit them.

Sub-section (3) says that the order becomes void if the conviction is set aside on appeal or otherwise.

Sub-section (4) allows an Appellate Court, or the High Court or Court of Session exercising its revision powers, to make such an order.

Sub-section (5) allows the State Government to make rules by notification for released convicts to notify their residence and any change of or absence from it.

Sub-section (6) allows those rules to provide punishment for breaking them. A person charged with breaking such a rule may be tried by a Magistrate with jurisdiction in the district where the place they last notified as their residence is situated.

Official Text

(1) When any person, having been convicted by a Court in India of an offence punishable under section 215, section 489A, section 489B, section 489C or section 489D 1[or section 506 (in so far as it relates to criminal intimidation punishable with imprisonment for a term which may extend to seven years, or with fine, or with both)] of the Indian Penal Code (45 of 1860), or of any offence punishable under Chapter XII 1[or Chapter XVI] or Chapter XVII of that Code, with imprisonment for a term of three years, or upwards, is again convicted of any offence punishable under any of those sections or Chapters 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) with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abatement 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.

Sections referred to

• IPC §215 — Taking gift to help to recover stolen property, etc
• IPC §489A — Counterfeiting currency-notes or bank-notes
• IPC §489B — Using as genuine, forged or counterfeit currency-notes or bank-notes
• IPC §489C — Possession of forged or counterfeit currency-notes or bank-notes

Referred to by

• CrPC §41 — When police may arrest without warrant

Related Judgments

• Pankaj Arjunbhai Koli vs The State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2021)
• Decided on: 19th October, 2011; VIRENDER SINGH BIDHURI vs STATE OF DELHI — Delhi High Court (2011)
• M.M.Hakim vs The Superintendent, Central Prison, Puzhal 1,, Chennai — Madras High Court (Principal Bench, Chennai) (2020)

Old <-> New Code Mapping

• BNSS §394 — Order for notifying address of previously convicted offender