Section 96 CrPC and Section 99 BNSS: Application to High Court to Set Aside Forfeiture
A person with an interest in a newspaper, book or other document declared forfeited by the State Government can seek judicial review of that declaration. Section 96 of the Code of Criminal Procedure, 1973 (CrPC) provides the earlier procedure; Section 99 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is its corresponding provision under the new criminal procedure law.
What is a declaration of forfeiture?
Forfeiture of a publication is a State Government notification declaring copies of a specified newspaper issue, book or document liable to be taken by the Government because the publication is alleged to contain material falling within the offences identified by the governing statute. Under the former law, the declaration was made under Section 95 CrPC. The corresponding current power is contained in Section 98 BNSS.
The forfeiture power and the right to challenge it are separate: the State Government makes the declaration, while the High Court determines whether the statutory basis for the declaration is made out.
Section 96 CrPC: Application to High Court to set aside declaration of forfeiture
Sub-section (1): Who may apply and when?
Any person having an interest in a newspaper, book or other document forfeited under Section 95 CrPC may apply to the High Court within two months of the declaration's publication in the Official Gazette. The statutory ground is that the publication did not contain matter of the kind referred to in Section 95(1).
Sub-section (2): Special Bench
Where the High Court has three or more judges, the application is heard and determined by a Special Bench of three judges. If the High Court has fewer than three judges, the Special Bench consists of all its judges.
Sub-section (3): Evidence from other copies
When the application concerns a newspaper, any copy of that newspaper may be produced as evidence to help establish the nature or tendency of the words, signs or visible representations appearing in the issue covered by the declaration.
Sub-section (4): When the declaration must be set aside
The High Court must set aside the declaration if it is not satisfied that the relevant newspaper issue, book or document contained matter falling within Section 95(1) CrPC.
Sub-section (5): Difference of judicial opinion
Where judges on the Special Bench disagree, the decision follows the majority opinion.
Current law: Section 99 BNSS, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024 and replaced the CrPC for matters governed by the new law, subject to transitional and savings provisions. Section 99 BNSS corresponds to Section 96 CrPC and provides the High Court remedy against a forfeiture declaration made under Section 98 BNSS.
The core safeguards remain: an interested person may apply within two months of Official Gazette publication; a Special Bench determines the application; relevant newspaper copies may be considered as evidence; and the High Court sets aside a declaration when the required statutory material is not established. The decision of a divided Special Bench follows the majority.
Section 98 BNSS must be read with the relevant offences under the Bharatiya Nyaya Sanhita, 2023 (BNS), rather than mechanically applying the old Indian Penal Code references in Section 95 CrPC. The BNSS savings provision in Section 531 should be checked for proceedings pending at commencement.
CrPC and BNSS: Corresponding provisions
| Subject | Earlier CrPC | Current BNSS |
|---|---|---|
| Declaration of forfeiture and related search powers | Section 95 | Section 98 |
| High Court application to set aside forfeiture | Section 96 | Section 99 |
| Saving of pending proceedings | Not applicable as a BNSS transition provision | Section 531 |
How to challenge a forfeiture notification
- Obtain the notification: Secure the Official Gazette containing the State Government's declaration and stated grounds.
- Check the deadline: Calculate the two-month statutory period from the Gazette publication date and seek legal advice promptly.
- Establish an interest: Explain the applicant's interest in the newspaper, book or document, such as ownership, publication or another legally relevant connection.
- Identify the disputed material: Supply the publication and address why its contents do not fall within the offences specified by the applicable forfeiture provision.
- Apply to the appropriate High Court: Follow the applicable High Court filing and procedural rules; the statutory Special Bench hears the matter.
- Request appropriate relief: Seek an order setting aside the declaration, together with any other relief maintainable in the circumstances.
A challenge under the statutory forfeiture procedure is distinct from a general complaint about censorship. Constitutional protections, including freedom of speech under Article 19(1)(a) and permissible restrictions under Article 19(2), may be relevant depending on the facts and relief sought.
Frequently asked questions
What is the limitation period under Section 96 CrPC?
The statute specifies two months from the publication of the declaration of forfeiture in the Official Gazette. Section 99 BNSS provides the corresponding remedy under the new law.
Can only the publisher file an application?
No. The statutory language extends to any person having any interest in the affected newspaper, book or other document. Whether a particular applicant has sufficient interest depends on the facts.
How many judges hear the application?
Ordinarily, a three-judge Special Bench hears it where the High Court consists of at least three judges. Where the High Court has fewer than three judges, all its judges constitute the Bench.
Does every objectionable publication automatically become forfeited?
No. A declaration requires the statutory conditions and a State Government notification stating its grounds. The High Court may set the declaration aside if the required statutory content is not established.
Which law applies after 1 July 2024?
For proceedings governed by the new criminal procedure law, consult Sections 98 and 99 BNSS. For proceedings already pending at commencement, consider Section 531 BNSS and the relevant case-specific transitional rules.
Official legislation and further reading
- India Code: Official repository of Central Acts (search for the Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 98, 99 and 531).
- Ministry of Home Affairs: Notifications and information concerning the new criminal laws.
- India Code: Code of Criminal Procedure, 1973, Sections 95 and 96, for historical and saved proceedings.
- CrPC section index and procedural law guide.
- Section 95 CrPC: Power to declare publications forfeited.
Editorial note: This article provides general legal information, not case-specific advice. Check the current statutory text, Gazette notification and applicable High Court rules before filing.