Chapter XXVII

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

New Law Update (2024)

Section 401 BNSS

TRIAL COURT

Any Court (excluding JMFC-II) passing sentence; Appellate/Revisional Courts for order; Magistrate of competent jurisdiction for breach of rules

Punishment​

Imprisonment up to 7 Year(s) + Fine

Cognizable?

Bailable?

Compoundable?

Bare Act 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 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 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 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.

Important Sub-Sections Explained

Section 356(1)

This crucial sub-section details the circumstances under which a court can direct a person, previously convicted of specific grave offences and subsequently re-convicted, to report their address and any changes after their release for a period not exceeding five years. It targets repeat offenders involved in serious crimes.

Section 356(6)

This sub-section empowers the State Government to formulate rules, including provisions for penalties, in case a released convict fails to comply with the residence notification requirements. It further establishes that such a breach can be tried by a competent Magistrate in the area where the offender last reported their residence.

Landmark Judgements

Surjit Singh v. State of Punjab, 1990 (3) RCR (Criminal) 400 (P&H):

The Punjab and Haryana High Court clarified that an order under Section 356 CrPC must be passed by the trial court at the very time of imposing the sentence of imprisonment. Such an order cannot be made as a separate or subsequent directive.

Kishori Lal v. State, 1980 CriLJ 802 (All):

The Allahabad High Court affirmed that the court’s power to issue an order for notification of residence under Section 356 CrPC must be exercised concurrently with the passing of the sentence of imprisonment and should be integrated into the judgment itself.

Draft Format / Application

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