Order for notifying address of previously convicted offender (Section 356 of CrPc)

Legal provisions regarding order for notifying address of previously convicted offender under section 356 of the Code of Criminal Procedure, 1973.

(1) When any person, having been convicted by a Court in India of an offence relating to;

(a) Taking gift to help to recover stolen property, etc. (Section 215 of the I.P.C.);

(b) Counterfeiting currency and bank-notes (Section 489-A of the I.PC.);

(c) Using as genuine forged or counterfeit currency or bank-notes (Section 489-B of the I.P.C.);

(d) Possession of forged or counterfeit currency or bank-notes (Section 489-C of the I.PC.);

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(e) Making or possessing instrument or material for forging or counterfeiting such notes (Section 489-D of the I.PC.);

(f) Section 506 (in so fax 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);

(g) Coin and Government stamp (Chapter XII of the I.P.C.);

(h) Affecting the human body, i.e., Chapter XVI of the I.PC. or

(i) Property (Chapter XVII of the I.PC.);

punishable 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 above provisions 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 Appellate Court or by the High Court or Court of Session when exercising its powers of revision;

(5) The State Government may, be 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. Section 356 of the Code is intended for remedial measures for prevention of crimes.

With a view to ensure good behaviour, it requires a released convict, in some cases, to report his movements for a period not exceeding five years. However, as it interferes with the liberty of a citizen, it must be construed strictly. Section 356 of the Code can be compared with Section 75 of the Indian Penal Code.

As Section 356 of the Code applies when the accused has been previously convicted, the passing of an order under this Section on a first offender is illegal. Section 356 of the Code does not apply where the subsequent conviction is a technical one.