CrPC 356→BNSS 394

CrPC 356 to BNSS 394: Order for notifying address of previously convicted offender

Section 356 CrPC (1973) replaced by Section 394 BNSS (2023)

View CrPC Section 356 →View BNSS Section 394 →

CrPC 356 to BNSS 394 at a Glance

Section 356 CrPC (Order for notifying address of previously convicted offender) is now Section 394 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 356 to BNSS 394?

From 1 July 2024, Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 356 of the Code of Criminal Procedure, 1973. The heading is the same. Section 394(1) BNSS reads an offence punishable with imprisonment for a term of three years, or upwards, and has no counterpart to the list in Section 356(1) CrPC of Section 215 IPC, Section 489A IPC, Section 489B IPC, Section 489C IPC, Section 489D IPC, Section 506 IPC and Chapter XII, Chapter XVI and Chapter XVII of the Indian Penal Code. Section 394(2) BNSS has no counterpart to the words with reference to the offences named therein. Section 394(3) BNSS, Section 394(4) BNSS, Section 394(5) BNSS and Section 394(6) BNSS have the same text as Section 356(3) CrPC, Section 356(4) CrPC, Section 356(5) CrPC and Section 356(6) CrPC.

CrPC 356 vs BNSS 394: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section356394
HeadingOrder for notifying address of previously convicted offenderSame
Sub-sections6 sub-sectionsSame

CrPC 356 and BNSS 394: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 356, CrPC 1973

356. Order for notifying address of previously convicted offender.—(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 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 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.
BNSS 2023 (in force)

Section 394, BNSS 2023

394. Order for notifying address of previously convicted offender.—(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.

When It Applies: CrPC 356 vs BNSS 394

Under CrPC 356
  1. Section 356(1) CrPC applies to a person who has been convicted by a Court in India of an offence punishable under Section 215 IPC, Section 489A IPC, Section 489B IPC, Section 489C IPC, Section 489D IPC or Section 506 IPC 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.
  2. Section 356(1) CrPC also applies to a person convicted of any offence punishable under Chapter XII, Chapter XVI or Chapter XVII of the Indian Penal Code with imprisonment for a term of three years, or upwards.
  3. The order may be made when the person 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.
  4. Such Court may, if it thinks fit, at the time of passing a sentence of imprisonment, also order that the residence of the person and any change of, or absence from, such residence after release be notified for a term not exceeding five years from the date of the expiration of such sentence.
  5. Under Section 356(2) CrPC, Section 356(1) CrPC applies also to criminal conspiracies to commit the offences named in it and to the abetment of such offences and attempts to commit them.
  6. Under Section 356(3) CrPC, if such conviction is set aside on appeal or otherwise, such order shall become void.
  7. Under Section 356(4) CrPC, an order under Section 356 CrPC may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
  8. Under Section 356(5) CrPC and Section 356(6) CrPC, the State Government may, by notification, make rules relating to the notification of residence or change of, or absence from, residence by released convicts, and such rules may provide for punishment for the breach thereof.
Under BNSS 394
  1. Section 394(1) BNSS applies to a person who has been convicted by a Court in India of an offence punishable with imprisonment for a term of three years, or upwards.
  2. The order may be made when the person 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.
  3. Such Court may, if it thinks fit, at the time of passing a sentence of imprisonment, also order that the residence of the person and any change of, or absence from, such residence after release be notified for a term not exceeding five years from the date of the expiration of such sentence.
  4. Under Section 394(2) BNSS, Section 394(1) BNSS shall also apply to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them.
  5. Under Section 394(3) BNSS, if such conviction is set aside on appeal or otherwise, such order shall become void.
  6. Under Section 394(4) BNSS, an order under Section 394 BNSS may also be made by an Appellate Court or by the High Court or Court of Session when exercising its powers of revision.
  7. Under Section 394(5) BNSS and Section 394(6) BNSS, the State Government may, by notification, make rules relating to the notification of residence or change of, or absence from, residence by released convicts, and such rules may provide for punishment for the breach thereof.

Time Limits: CrPC 356 to BNSS 394

Under CrPC 356
  • The order under Section 356(1) CrPC is for a term not exceeding five years from the date of the expiration of such sentence.Act text: “for a term not exceeding five years from the date of the expiration of such sentence”
Under BNSS 394
  • The order under Section 394(1) BNSS is for a term not exceeding five years from the date of the expiration of such sentence.Act text: “for a term not exceeding five years from the date of the expiration of such sentence”

What CrPC 356 to BNSS 394 Means in Practice

Under Section 394(1) BNSS, the conviction and the later conviction are each of an offence punishable with imprisonment for a term of three years or upwards. Section 356(1) CrPC named Section 215 IPC, Section 489A IPC, Section 489B IPC, Section 489C IPC, Section 489D IPC, Section 506 IPC 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, and Chapter XII, Chapter XVI and Chapter XVII of the Indian Penal Code.

FAQs: CrPC 356 to BNSS 394

How does the description of the offences in Section 394(1) BNSS differ from Section 356(1) CrPC?▼

Section 394(1) BNSS reads an offence punishable with imprisonment for a term of three years, or upwards. Section 356(1) CrPC read an offence punishable under Section 215 IPC, Section 489A IPC, Section 489B IPC, Section 489C IPC, Section 489D IPC or Section 506 IPC 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, or any offence punishable under Chapter XII, Chapter XVI or Chapter XVII of the Indian Penal Code, with imprisonment for a term of three years, or upwards.

Is there any difference between Section 394(2) BNSS and Section 356(2) CrPC?▼

Section 394(2) BNSS reads shall also apply to criminal conspiracies to commit such offences and to the abetment of such offences and attempts to commit them. Section 356(2) CrPC also contained the words with reference to the offences named therein, which Section 394(2) BNSS does not.

Are Section 394(3) BNSS to Section 394(6) BNSS different from Section 356(3) CrPC to Section 356(6) CrPC?▼

No. Section 394(3) BNSS, Section 394(4) BNSS, Section 394(5) BNSS and Section 394(6) BNSS have the same text as Section 356(3) CrPC, Section 356(4) CrPC, Section 356(5) CrPC and Section 356(6) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·