Section 394 BNSS: Order for notifying address of previously convicted offender (Formerly Section 356 CrPC)

Section 394 of Bharatiya Nagarik Suraksha Sanhita, 2023: Order for notifying address of previously convicted offender

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 394

Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 356 of the CrPC, 1973) empowers criminal courts to make an order requiring a previously convicted repeat offender to notify their address and any change of residence to police authorities after release.

Conviction of Repeat Offender: When any person, having been convicted of specified serious offences (against state, coinage, property, or sexual offences), is again convicted of any such offence with imprisonment of three years or upwards.
Order Notifying Residence: The Court may order that their residence and any change of, or absence from, such residence after release be notified for a term not exceeding five years from sentence expiry.
State Government Rules: Rules governing reporting mechanisms, frequency, and electronic tracking are framed by the State Government.

Key Landmark Precedents:

State of Maharashtra v. Narayan, 1982 Cri LJ 1515: The High Court confirmed that reporting orders under Section 356 CrPC are preventive administrative measures designed to track recidivist offenders without amounting to double punishment.
Mohd. Iqbal v. State, 1993 Cri LJ 3524: Affirmed that Section 356 orders can only be passed if both the previous and present convictions fall within the strictly specified statutory categories.

Courtroom Practice & Strategic Litigation Guidance:

Check whether the sentencing judge had statutory authority under Section 394 to impose residential reporting conditions; if the current conviction carries a term under three years, the reporting order is ultra vires and void.