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

Section 99: Application to High Court to set aside declaration of forfeiture

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 98, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 98.

(2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.

(3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.

(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 98, set aside the declaration of forfeiture.

(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

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

Questions on this section

2 questions in 4 of our papers cite Section 99. Try these from the free papers:

  1. 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