Section 356 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

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 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 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 (I) 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 cleared 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.

Cr PC (Amendment) Act, 2005 (Notes on Clauses)

Sub-section (1) of section 356 has been amended to bring within its ambit all offences in Chapter XVI of the Indian Penal Code (offences affecting the human body) punishable with imprisonment for three years or more as well as the aggravated form of the offence under section 506 (criminal intimidation punishable with imprisonment for a term which may extend to seven years, or with fine, or with both).

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1. Ins. by Act 25 of 2005, sec. 29.

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Section 356 – The Code of Criminal Procedure, 1973 (CrPc)

The Code of Criminal Procedure, 1973 (CrPc)

 

 

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 of the Indian Penal Code (45 of 1860) or of any offence punishable under Chapter XII 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 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 (I) 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 cleared 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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