Section 394 BNSS 2023: Order for Notifying Address of Previously Convicted Offender
Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers a competent criminal court, in specified repeat-conviction cases, to require a released convict to notify his residence and any change of, or absence from, that residence for a limited period after release.
Law status: BNSS, Act 46 of 2023, in force from 1 July 2024.
In brief: the provision applies where a person previously convicted in India of an offence punishable with imprisonment for three years or more is again convicted of an offence carrying imprisonment for three years or more. The court may add a post-release residence-notification requirement for a period not exceeding five years from expiry of the sentence.
Text of Section 394 of the Bharatiya Nagarik Suraksha Sanhita, 2023
394. Order for notifying address of previously convicted offender.
(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.
Meaning and scope of Section 394 BNSS
The section creates a discretionary post-release supervision mechanism based on residence notification. It does not automatically apply after every conviction. The statutory conditions must first be satisfied, and the court must consider it appropriate to make the additional order when passing the sentence of imprisonment.
| Who may be covered | A person with an earlier conviction by a court in India for an offence punishable with imprisonment of three years or more, who is again convicted of an offence punishable with imprisonment of three years or more. |
|---|---|
| Nature of court order | Discretionary. The court may order notification of residence, changes of residence and absence from residence after release. |
| Maximum period | Not more than five years from the date on which the sentence expires. |
| Related conduct | The provision also extends to conspiracy, abetment and attempts concerning such offences. |
| Effect of conviction being set aside | The residence-notification order becomes void if the relevant conviction is set aside on appeal or otherwise. |
| Other courts empowered | An Appellate Court, or the High Court or Court of Session in revision, may also make an order under this section. |
| Rule-making power | The State Government may make rules by notification to implement the residence-notification requirements. |
Conditions for an order under Section 394
- There must be an earlier conviction by a court in India.
- The earlier offence must be punishable with imprisonment for three years or more.
- There must be a subsequent conviction for an offence punishable with imprisonment for three years or more.
- The subsequent conviction must be by a court other than a Magistrate of the second class.
- The court must exercise its discretion and make the order while passing a sentence of imprisonment.
- The period of post-release notification cannot exceed five years from expiry of the sentence.
What must be notified after release?
Where an order is made, the released convict may be required, in accordance with applicable State rules, to notify the place of residence as well as any change of residence or absence from that residence. The detailed method, authority, timing and consequences of breach depend on rules notified by the State Government under sub-sections (5) and (6).
What happens if the conviction is overturned?
Sub-section (3) is explicit: if the conviction on which the Section 394 order is based is set aside on appeal or otherwise, the notification order becomes void. This ties the continuing operation of the post-release requirement to the continued validity of the conviction.
Power of appellate and revisional courts
Section 394(4) is not confined to the trial court. An Appellate Court may make such an order, and the High Court or Court of Session may also do so while exercising revisional jurisdiction.
State Government rules and breach
Section 394(5) authorises the State Government to frame rules by notification for implementing the requirement to report residence, change of residence or absence from residence. Under sub-section (6), those rules may provide punishment for breach. A person charged with breach may be tried by a competent Magistrate in the district where the last notified residence is situated.
Section 394 BNSS and former Section 356 CrPC
Section 394 BNSS occupies the subject previously dealt with by Section 356 of the Code of Criminal Procedure, 1973. For current matters, the applicable provision should be identified with reference to the BNSS commencement and the statutory savings and transition provisions relevant to the particular proceeding.
Practical note: the existence, form and consequences of a residence-notification obligation should be checked against the court's actual order and the rules or notifications applicable in the relevant State. The statutory text alone does not specify every operational detail.
Official references
For verification, see the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.
Frequently asked questions
Is the Section 394 order automatic after a repeat conviction?
No. The provision uses discretionary language. Even where the statutory threshold is met, the competent court may make the order if it considers it fit.
For how long can the address-notification requirement continue?
The period cannot exceed five years from the date of expiration of the sentence.
Does Section 394 cover conspiracy, abetment and attempt?
Yes. Sub-section (2) expressly extends the provision to criminal conspiracies, abetment and attempts relating to the qualifying offences.
Can the order survive if the conviction is set aside?
No. Under sub-section (3), the order becomes void when the conviction is set aside on appeal or otherwise.
Who can prescribe the detailed reporting procedure?
The State Government may make rules by notification under sub-section (5), including rules addressing residence notification, changes of residence and absence from residence.