Section 356 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!
An order under this section is a part of the sentence in the case but it does not amount to a ‘punishment’.
This section is intended to keep a watch and vigil on habitual and previously convicted criminals so that they may be refrained from indulging into criminal acts again on their release from the jail after completion of the term of their sentence.
Sub-section (1) provides that any person who has been previously convicted on any of the offences specified in this section, if he is again convicted of any of those offences punishable for a term of three years or more by any Court, then the Court (other than the Court of a Magistrate of the second class), while passing the sentence of imprisonment may also order for notifying the residence, address, movements where about etc. of such offender after his release on completion of the term of imprisonment.
But the period of such surveillance shall not exceed five years from the date of expiration of his term of imprisonment. Such an order may also be made by an Appellate Court or by the High Court or a Court of Session in revision.
Sub-section (2) further extends, the application of the provision contained in subsection (1) to criminal conspiracies to commit such offences, or to their abatement as also for attempts to commit such offences.