Order for notifying address of previously convicted offender
AI Assist
Summary
When a person with a prior conviction for certain serious offences is again convicted by a court (other than a Magistrate of the second class) of such an offence carrying three years or more, the court may order that the person must notify his residence and any change of or absence from it for up to five years from the date his sentence expires. The rule also covers conspiracies, abetment and attempts, and the order becomes void if the conviction is set aside. Appellate, Sessions and High Courts can also make the order and the State Government may make rules including penalties for breach.
Example
Ravi had an earlier conviction for one of the specified offences and served his sentence. After release he is again convicted by the Sessions Court for an offence punishable with three years’ imprisonment, so the court orders him to notify his residence and any change or absence for five years from the date his later sentence ends. If that conviction is overturned on appeal the notification order becomes void.
Bare Act
Enacted text(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 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) The provisions of Sub-Section (1) with reference to the offences named therein, apply also 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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