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

What Section 356 CrPC Says

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.

Source: Section 356, Code of Criminal Procedure, 1973

Section 356 CrPC in Simple Words

When Section 356 CrPC Applies

• 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.
• 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.
• 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.
• 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 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.
• Under Section 356(3) CrPC, if such conviction is set aside on appeal or otherwise, such order shall become void.
• 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.
• 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.

Time Limits Under Section 356 CrPC

• 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”

Example of Section 356 CrPC

When Section 356 CrPC Does Not Apply

• Section 356(1) CrPC speaks of a person convicted by a Court in India. It does not deal with a person convicted by a Court outside India.

Section 356 CrPC Under BNSS 394: What Changed

FAQs on Section 356 CrPC

Sections Related to Section 356 CrPC