Section 394 BNSS: Order for notifying address of previously convicted offender
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 394 BNSS at a Glance
Section 394 BNSS deals with order for notifying address of previously convicted offender. It replaced Section 356 CrPC on 1 July 2024.
Section 394 BNSS Bare Act 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.
Source: Section 394, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 394 BNSS in Simple Words
Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with an order for notifying the address of a previously convicted offender.
Where a 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, the Court may, if it thinks fit, at the time of passing a sentence of imprisonment, also order that the residence of the offender 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.
When Section 394 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- Under Section 394(3) BNSS, if such conviction is set aside on appeal or otherwise, such order shall become void.
- 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.
- 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 Under Section 394 BNSS
- 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”
Example of Section 394 BNSS
When Section 394 BNSS Does Not Apply
- Section 394(1) BNSS speaks of a person convicted by a Court in India. It does not deal with a person convicted by a Court outside India.
Section 394 BNSS in the CrPC (Previous Law)
Section 394 BNSS replaced Section 356 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 394 BNSS
When can a Court order that the residence of a previously convicted offender be notified under Section 394 BNSS?▼
Under Section 394(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Court other than that of a Magistrate of the second class may, if it thinks fit, at the time of passing a sentence of imprisonment on a person who is again convicted as described in Section 394(1) BNSS, 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.
What happens to an order under Section 394 BNSS if the conviction is set aside?▼
Under Section 394(3) BNSS, if such conviction is set aside on appeal or otherwise, such order shall become void.
Who makes the rules on notifying residence under Section 394 BNSS?▼
Under Section 394(5) BNSS, the State Government may, by notification, make rules to carry out the provisions of Section 394 BNSS relating to the notification of residence or change of, or absence from, residence by released convicts. Under Section 394(6) BNSS, such rules may provide for punishment for the breach thereof.
What changed from Section 356 CrPC to Section 394 BNSS from 1 July 2024?▼
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, where 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. Section 394(1) BNSS reads again convicted of any offence punishable with imprisonment for a term of three years or upwards where Section 356(1) CrPC read again convicted of any offence punishable under any of those sections or Chapters with imprisonment for a term of three years or upwards. Section 394(2) BNSS has no counterpart to the words with reference to the offences named therein in Section 356(2) CrPC. 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.
Section 394 BNSS: Sub-sections Explained
Section 394(1) BNSS: Order for notifying address of previously convicted offender
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Bare Act 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.
Section 394(2) BNSS: Order for notifying address of previously convicted offender
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Bare Act Text
(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.
Section 394(3) BNSS: Order for notifying address of previously convicted offender
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Bare Act Text
(3) If such conviction is set aside on appeal or otherwise, such order shall become void.
Section 394(4) BNSS: Order for notifying address of previously convicted offender
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Bare Act Text
(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.
Section 394(5) BNSS: Order for notifying address of previously convicted offender
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Bare Act Text
(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.
Section 394(6) BNSS: Order for notifying address of previously convicted offender
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·