Indian criminal procedure | Updated 18 October 2026

Section 356 CrPC: Order for Notifying Address of Previously Convicted Offender

Section 356 of the Code of Criminal Procedure, 1973 governed post-release residence notification for certain repeat offenders. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 394.

Meaning and purpose of residence notification

A residence-notification order directs a qualifying repeat offender to inform the authorities of their residence and any change of address or absence after release from imprisonment, as required by applicable state rules. The order is a court-imposed consequence of repeat conviction, not a general obligation imposed on every released prisoner.

Section 394 BNSS: Current law explained

Subsection (1): Qualifying repeat convictions

A person must have a previous conviction by a court in India for an offence punishable with imprisonment of three years or more, and must again be convicted of an offence punishable with imprisonment of three years or more. A court other than a Magistrate of the second class may, when imposing imprisonment, order post-release residence notification for no longer than five years after the sentence expires.

Subsection (2): Conspiracy, abetment and attempt

The provision also extends to criminal conspiracies, abetment and attempts relating to qualifying offences. The statutory requirements must still be satisfied.

Subsection (3): Conviction set aside

If the relevant conviction is overturned on appeal or otherwise, the notification order becomes void.

Subsection (4): Appellate and revisional powers

An appellate court may also make the order. The High Court or Court of Session may make it while exercising revision powers.

Subsection (5): State government rules

The state government may notify rules governing how a released offender reports residence, changes of residence or absences. The applicable notified rules should be checked for local reporting details.

Subsection (6): Breach of rules

State rules may provide punishment for breach. A charge of breach may be tried by a competent magistrate in the district containing the offender's last notified residence.

Important change from CrPC Section 356

The original CrPC provision referred to specified Indian Penal Code sections and chapters. BNSS Section 394(1) uses a broader offence-neutral threshold: the earlier and subsequent offences must each be punishable with imprisonment for three years or more. This change makes the precise offences and their applicable penalties important when determining eligibility.

Section 356 CrPC: Earlier statutory provision

The following preserves the substance and historical scope of the original section, including its six subsections. The original IPC references are relevant to proceedings governed by the former Code.

1. (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 [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 [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 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. (2) The provisions of sub-section
3. (1) with reference to the offences named therein, apply also to criminal conspiracies to commit such offences and to the abatement of such offences and attempts to commit them.
4. (3) If such conviction is set aside on appeal or otherwise, such order shall become void.
5. (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.
6. (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.

Historical amendment note: References to IPC Section 506 and Chapter XVI were inserted by Act 25 of 2005, Section 29, effective 23 June 2006. The historical text is included for reference and should be read with applicable amendments and savings provisions.

How the provision operates

Example: A person previously convicted of an offence punishable by imprisonment of at least three years is later convicted of another offence meeting the same statutory punishment threshold. If the second conviction is by a competent court and imprisonment is imposed, the court may consider a residence-notification order. The court must decide whether to exercise that discretion; an order cannot exceed the five-year statutory period.

If that conviction is later set aside, the related residence-notification order becomes void under subsection (3).

Official legal sources

Read the NCRB publication of BNSS chapter text, the NCRB CrPC-to-BNSS section correspondence table, and the official India Code legislative repository. Check the text of the applicable state notification before relying on a specific reporting procedure.

Frequently asked questions

Legal information only. The law applicable to a particular proceeding may depend on its date, the savings clause, the court order and state rules.