CrPC Section 95 — Power to declare certain publications forfeited and to issue search-warrants for the same

Summary

Sub-section (1) allows the State Government to declare copies forfeited if a newspaper, book or other document appears to contain material whose publication is punishable under any of the listed Indian Penal Code sections. The Government must state the grounds for its opinion in a notification. After the declaration, any police officer may seize the copies wherever they are found in India. A Magistrate may also issue a warrant authorising a police officer of at least sub-inspector rank to enter and search premises where a copy may be, or may reasonably be suspected to be.

Sub-section (2) sets out meanings that apply in this section and section 96: under clause (a), “newspaper” and “book” have the same meanings as in the Press and Registration of Books Act, 1867; under clause (b), “document” includes a painting, drawing, photograph or other visible representation.

Sub-section (3) says that an order made or action taken under this section cannot be challenged in any Court except in accordance with section 96.

Official Text

(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 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code (45 of 1860), 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 96,—

(a) “newspaper” and “book” have the same meaning 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 96.

Sections referred to

• CrPC §96 — Application to High Court to set aside declaration of forfeiture
• CrPC §292 — Evidence of officers of the Mint
• CrPC §293 — Reports of certain Government scientific experts
• IPC §295A — Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs

Referred to by

• CrPC §96 — Application to High Court to set aside declaration of forfeiture
• CrPC §99 — Direction, etc., of search-warrants

Related Judgments

• 9/4, Bradys Flats, S.B. Road; Colaba, Mumbai – 400 005.; ) .. vs 1 State of Maharashtra, ), 2 Marine Drive Police Station,, Mumbai — Bombay High Court (Mumbai Principal Seat) (2010)
• Universal Music India Pvt. Ltd. vs 1. Mohd. Farooque Azam., 2. State of Maharashtra — Bombay High Court (Mumbai Principal Seat) (2008)
• Kulandairaj @ Kulandai Royappan vs The Principal Secretary to Government,, Home Department,, Secretariat — Madras High Court (Principal Bench, Chennai) (2023)

Old <-> New Code Mapping

• BNSS §98 — Power to declare certain publications forfeited and to issue search-warrants for same