Order for notifying address of previously convicted offender
AI Assist
Summary
When a person previously convicted of an offence punishable with three years or more is again convicted (by any court other than a second-class magistrate) of a like offence, the court may order that the person notify their residence and any change of, or absence from, that residence for up to five years from the end of the sentence. The rule covers conspiracies, abetment and attempts. If the conviction is set aside the order becomes void; higher courts can also make such orders and the State can make rules including penalties.
Example
Priya, earlier jailed for a serious theft, is convicted again by a Sessions Court for an offence punishable with three years or more. The court orders that for up to five years after her release she must notify the police of her residence and any change or absence. If she fails to notify, she may be prosecuted under the State rules.
Bare Act
Enacted text(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.
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