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Section 394: Order for Notifying Address of Previously Convicted Offender

 

1. Notification of Residence and Change

When a person previously convicted in India of an offence punishable with imprisonment for a term of three years or more is again convicted of a similar offence by a Court other than that of a Magistrate of the second class:

  • The Court may, at the time of sentencing, order that the offender's residence and any changes or absences from that residence after release be notified as specified.
  • This requirement can be imposed for a term not exceeding five years from the date of the expiration of the sentence.

2. Application to Related Offences

The provisions of this section extend to:

  • Criminal conspiracies to commit offences punishable as described,
  • Abetment of such offences, and
  • Attempts to commit such offences.

3. Voidance of Order upon Appeal

If the conviction is overturned on appeal or otherwise, any order made under this section becomes void.

4. Authority of Appellate and Higher Courts

An order under this section may also be made by:

  • An Appellate Court,
  • The High Court, or
  • A Court of Session exercising revisionary powers.

5. Rule-Making Authority

The State Government is empowered to frame rules by notification to implement the provisions of this section regarding the notification of residence, change of residence, or absence from residence by released convicts.

6. Punishment for Breach of Rules

Rules may prescribe punishments for violations, and:

  • Any person accused of breaching these rules may be tried by a Magistrate with jurisdiction in the district where the last notified residence is located.

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