Criminal Procedure | Indian Law
Section 95 CrPC: Forfeiture of Publications and Search Warrants
Section 95 of the Code of Criminal Procedure, 1973 authorised the State Government to declare specified newspapers, books and documents forfeited and enabled their seizure. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 98 BNSS.
Section 95 CrPC: Statutory provisions
Section 95(1). Where a newspaper, book or document, wherever printed, appears to the State Government to contain matter whose publication is punishable under IPC Sections 124A, 153A, 153B, 292, 293 or 295A, the State Government may issue a notification stating the grounds of its opinion and declare copies of the relevant newspaper issue, book or document forfeited to the Government.
Following such declaration, any police officer may seize the copies wherever found in India. A Magistrate may issue a warrant authorising a police officer not below the rank of sub-inspector to enter and search premises where such copies are or are reasonably suspected to be.
Section 95(2). The terms "newspaper" and "book" are defined by reference to the Press and Registration of Books Act, 1867; "document" includes paintings, drawings, photographs and other visible representations.
Section 95(3). Orders and actions under this section are challengeable in accordance with Section 96 CrPC.
The preceding paragraphs explain the original provision. For the complete historical wording, refer to the India Code legislation database.
Section 98 BNSS: Current corresponding law
Section 98 BNSS retains the power to declare specified publications forfeited, with updated references to offences under the Bharatiya Nyaya Sanhita, 2023 (BNS). The State Government must state the grounds of its opinion in a notification. Police seizure and searches under a Magistrate's warrant are subject to the statutory conditions.
Offences referenced in Section 98(1) BNSS
| BNS provision | Subject |
|---|---|
| Section 152 | Acts endangering sovereignty, unity and integrity of India |
| Section 196 | Promoting enmity between different groups on specified grounds and acts prejudicial to harmony |
| Section 197 | Imputations and assertions prejudicial to national integration |
| Section 294 | Sale, etc., of obscene books and other specified material |
| Section 295 | Sale, etc., of obscene objects to a child |
| Section 299 | Deliberate and malicious acts intended to outrage religious feelings by insulting religion or religious beliefs |
These are descriptions of the referenced offences, not a statement that every controversial publication automatically constitutes an offence. The statutory ingredients and constitutional protections must be considered in each case. The India Code portal provides the governing legislation.
How forfeiture and search warrants operate
- Examination of material: The State Government forms an opinion that the publication contains matter punishable under one of the specified BNS sections.
- Notification: The Government issues a notification stating the grounds of its opinion and declaring the relevant copies forfeited.
- Seizure: A police officer may seize copies covered by the declaration wherever found in India.
- Search warrant: A Magistrate may authorise a police officer of at least sub-inspector rank to search premises where the copies are or are reasonably suspected to be.
- Judicial review: An interested person may apply to the High Court under Section 99 BNSS to set aside the declaration.
Challenging forfeiture under Section 99 BNSS
Section 99 BNSS is the counterpart of Section 96 CrPC. A person having an interest in the newspaper, book or document may apply to the High Court within two months from publication of the forfeiture declaration in the Official Gazette, contending that the material does not contain matter of the kind specified in Section 98(1). The provision also regulates the constitution of a Special Bench, evidence and the decision on the application.
A forfeiture order must be assessed in light of the right to freedom of speech and expression under Article 19(1)(a) of the Constitution and the permissible restrictions under Article 19(2). These rights and restrictions are relevant to the legality of action against publications.
Section 95 CrPC and Section 98 BNSS
| Issue | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Forfeiture power | Section 95 | Section 98 |
| Referenced offences | IPC Sections 124A, 153A, 153B, 292, 293 and 295A | BNS Sections 152, 196, 197, 294, 295 and 299 |
| High Court challenge | Section 96 | Section 99 |
| Power to seize copies | Available after declaration | Available after declaration |
Frequently asked questions
What is Section 95 CrPC?
It empowered the State Government to declare certain newspapers, books or documents forfeited by a reasoned notification where their publication contained matter punishable under specified IPC provisions.
What is the corresponding BNSS provision?
Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponds to Section 95 CrPC.
Can a forfeiture notification be challenged?
Yes. Section 99 BNSS provides an application to the High Court by an interested person within two months of publication of the declaration in the Official Gazette.
Who can execute a search warrant for forfeited publications?
A Magistrate may authorise a police officer not below the rank of sub-inspector to search premises for copies covered by the declaration.
Official legal references
Bharatiya Nagarik Suraksha Sanhita, 2023 - official PDF (India Code)
BNSS and CrPC comparative reference - Bureau of Police Research and Development
India Code - official repository of Central Acts
Legal information only. For a particular notification or proceeding, consult the applicable legislation, gazette publication and judicial orders.