Jan 23, 2018
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Power to declare publications forfeited and application to High to against such declaration

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Power to declare publications forfeited and application to High to against such declaration under Code of Criminal Procedure, 1973

Power to declare certain publications forfeited and to issue search-warrants for the same (section 95)

Where-

  1. any newspaper, or book, or
  2. any document,
    Wherever printed appears to the State Government that it contains any matter the publications 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. The State Government may declare every copy of the newspaper or book or other documents containing such matter to forfeited. Thereupon any police officer may seize the same wherever found in India. Any Magistrate may also by warrant authorize any police officer to enter upon and search any premises.  Where in such premises any copy of such issue or any such book or other document may also reasonably suspected.

In this section and in section 96,-

  1. “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867);
  2. “document” includes any painting, drawing or photograph, or  also other visible representation.

Order passed or action taken shall not called in question in any Court. Except in accordance with the provisions of section 96.

Application to High Court to set aside declaration of forfeiture (Section 96)

1. Any person having any interest in any newspaper, book or other documents, which declared as to forfeited under section 95. Such person may apply to the High court to set aside such declaration. Such person may apply on grounds that the issue of newspaper or book or other document did not contain any such matter as refereed in section 95. The person may also apply to the High court within period of 2 months from the date of publications in the official Gazette.

2. Every such application shall heard and determined by a Special Bench of the High Court. Where the High court consist of three or more judges, special bench composed of three judges. Where the High court consist of less than three judges, special bench shall also 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 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 95, 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.

Article Categories:
Criminal law

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