Section 394 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Order For Notifying Address Of Previously Convicted Offender.

Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 394

Code:

Explanation:

This section of the BNSS deals with the notification of residence by certain convicted individuals.

• It empowers a court to order a convicted person to notify their residence and any changes or absences from that residence for a period of up to five years after their release from prison.
• This applies to individuals convicted of an offense punishable with imprisonment for three years or more, and who are convicted again of a similar offense by a court higher than a Magistrate of the second class.
• The court can impose this notification requirement at the time of sentencing.
• The notification requirement can also be imposed by an Appellate Court, High Court, or Court of Session during their exercise of revisionary powers.
• The State Government can make rules for the notification process, including penalties for breaching these rules.

Illustration:

Suppose a person is convicted of theft and sentenced to five years imprisonment. After their release, they are again convicted of robbery by a Sessions Court, resulting in another five-year prison sentence. In this case, the Sessions Court, at the time of sentencing, can order the individual to notify their residence. Any changes or absences for a period of up to five years after their release from prison.

Common Questions and Answers:

• Q: Who is subject to this notification requirement?
• A: Individuals convicted of an offense punishable with imprisonment for three years or more and who are convicted again of a similar offense by a court higher than a Magistrate of the second class.
• Q: What is the duration of the notification requirement?
• A: The notification requirement can last for a maximum of five years from the date of the expiration of the sentence.
• Q: Can this notification requirement be imposed by any court?
• A: No. It can be imposed by the sentencing court, an Appellate Court, High Court, or Court of Session. It is imposed during their exercise of revisionary powers.
• Q: What are the consequences of breaching the notification requirement?
• A: The State Government can make rules specifying penalties for breaching the notification requirement.