CHAPTER VII PROCESSES TO COMPEL THE PRODUCTION OF THINGS · B.—Search-warrants

Section 98: Power to declare certain publications forfeited and to issue search-warrants for same

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) Where—

(a) any newspaper, or book; or

(b) any document,

wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) , the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected to be.

(2) In this section and in section 99,—

(a) “newspaper” and “book” have the same meanings as in the Press and Registration of Books Act, 1867 (25 of 1867);

(b) “document” includes any painting, drawing or photograph, or other visible representation.

(3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 99.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

98	95. Power to declare certain publications forfeited and to issue search-warrants for same.

Questions on this section

2 questions in 4 of our papers cite Section 98. Try these from the free papers:

1. Consider the following statements regarding a declaration of forfeiture of a book made by the State Government under Section 98 of the BNSS: 1. Any person having an interest in the book may apply to the High Court to set aside the declaration within two months from the date of its publication in the Official Gazette. 2. Where the High Court consists of three or more Judges, the application shall be heard and determined by a Special Bench of three Judges. 3. Where the Judges of the Special Bench differ in opinion, the declaration stands unless all of them agree that it should be set aside. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita