Code
(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.
Explanation
This section empowers a Magistrate to order a convicted offender to notify his or her current address to the police. This is done to facilitate the police in keeping track of the offender’s whereabouts and to prevent them from committing further offenses.
The following are the key points of this section:
- The order can be passed by a Magistrate of the First Class.
- The order is made when the offender is released from imprisonment.
- The offender must notify their address to the police within a specified time.
- The offender must notify the police of any change of address within a specified time.
- The police are required to maintain a record of the offender’s address.
Illustration
Imagine a person, “A”, is convicted of theft and sentenced to one year of imprisonment. Upon release, the Magistrate orders A to notify the police of their current address within 7 days and any subsequent change of address within 14 days. A is required to comply with this order.
Common Questions and Answers
Q: Who can pass an order under Section 356 CrPC?
A: A Magistrate of the First Class can pass such an order.
Q: When is the order passed?
A: The order is passed when the offender is released from imprisonment.
Q: What are the consequences of not complying with the order?
A: Failure to comply with the order can lead to further legal action, including imprisonment.
Q: What is the purpose of this section?
A: The purpose is to help the police keep track of previously convicted offenders and prevent them from committing further offenses.
