section 565
Order for notifying address of previously convicted offender
The Code of Criminal Procedure, 1989Criminal1989605 of 612 sections available
Chapter XLVI MISCELLANEOUS
Statutory text
Order for notifying address of previously convicted offender.-
- (1) When any person having been convicted-
- (a) by a Court in the Jammu and Kashmir State of an offence punishable under section 215, section 489-A, section 489-B, section 489-C, or section 489-D, of the Ranbir Penal Code, or of any offence punishable under Chapter XII or Chapter XVII of that Code, with imprisonment of either description for a term of three years or upwards; or
- (b) by a Court or Tribunal in any other part of the territory of India of any offence which would, if committed in the State, have been Punishable under any of the aforesaid sections or Chapters of the Ranbir Penal Code with like imprisonment for a like term; 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 the High Court, Court of Session, Chief Judicial Magistrate or any other Judicial Magistrate of the first class, such Court or Magistrate may, if it or he thinks fit, at the time of passing 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) If such conviction is set aside on appeal or otherwise, such order shall become void.
- (3) The Government in consultation with the High Court may 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.
- (4) An order under this section may also be made by an Appellate Court or by the High Court when exercising its powers of revision.
- (5) Any person against whom an order has been made under this section and who refuses or neglects to comply with any rule so made shall be deemed within the meaning of section 176 of the Ranbir Penal Code to have omitted to give a notice required for the purpose of preventing the commission of an offence.
- (6) Any person charged with a breach of any such rule may be tried by a Judicial 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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