(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.
Bharatiya Nagarik Suraksha Sanhita
Section 394
Order for notifying address of previously convicted offender
⚡ Quick Answer Reference: Section 394 BNSS
- Provision: Section 394 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: THE JUDGMENT
- Jurisdiction: India
- Summary: This section allows a court to order a person who has been convicted of a serious crime to notify their address for up to five years after their release from prison. This is to help keep track of the person's whereabouts and prevent them from committing further crimes.
What does Section 394 of BNSS say?
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What does Section 394 of BNSS mean?
Plain English Explanation
This section allows a court to order a person who has been convicted of a serious crime to notify their address for up to five years after their release from prison. This is to help keep track of the person's whereabouts and prevent them from committing further crimes.
Practical Interpretation
In practice, this section is used to monitor individuals who have been convicted of serious crimes and are at risk of reoffending. The court may order them to notify their address, which can be used to track their movements and prevent them from committing further crimes.
Core Legal Purpose
The core purpose of this section is to provide a mechanism for monitoring and tracking individuals who have been convicted of serious crimes and are at risk of reoffending, in order to prevent further crimes and protect public safety.
- •The person must have been previously convicted of an offence punishable with imprisonment for a term of three years or upwards.
- •The person must be convicted of another offence punishable with imprisonment for a term of three years or upwards by a court other than a Magistrate of the second class.
- •The court must think it fit to order the person to notify their address.
- •The order must be made at the time of passing a sentence of imprisonment on the person.
Practical Example of Section 394 BNSS
Rajesh, a 35-year-old man, has been convicted of theft and sentenced to two years in prison. After his release, he is convicted of another offence of theft and sentenced to three years in prison. The court orders him to notify his address for five years after his release, as per Section 394 of the BNSS. Rajesh must notify the authorities of any change in his address, and failure to do so may result in legal consequences.
Frequently Asked Questions about Section 394 BNSS
Q: What is the punishment or consequence under Section 394 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. However, failure to comply with the order to notify one's address may result in legal consequences, which may include prosecution under the rules made by the State Government under sub-section (5).
Q: Does this section apply to private individuals or public entities?
This section applies to private individuals who have been convicted of serious crimes and are at risk of reoffending.
Q: Is an offence under this section bailable or cognizable?
This section does not prescribe a penal punishment, and therefore, it is not applicable to determine whether the offence is bailable or cognizable.
Common Questions about Section 394 BNSS
What is Section 394 of BNSS?
Section 394 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Order for notifying address of previously convicted offender". In plain terms: This section allows a court to order a person who has been convicted of a serious crime to notify their address for up to five years after their release from prison. This is to help keep track of the person's whereabouts and prevent them from committing further crimes.
What is the punishment under Section 394 of BNSS?
Section 394 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 394 of BNSS bailable or non-bailable?
Whether Section 394 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 394 of BNSS?
The essential elements of Section 394 of BNSS are: The person must have been previously convicted of an offence punishable with imprisonment for a term of three years or upwards.; The person must be convicted of another offence punishable with imprisonment for a term of three years or upwards by a court other than a Magistrate of the second class.; The court must think it fit to order the person to notify their address..
Landmark Judgments under Section 394 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 394
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