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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter VII: Processes To Compel The Production Of Things

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

Corresponding CrPC
Section 96 CrPC

Bare Act text

(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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Any person with an interest in a newspaper, book or document declared forfeited under section 98 may, within two months of the declaration’s publication in the Official Gazette, apply to the High Court to set it aside on the ground that it did not contain matter referred to in section 98(1). The application is heard by a Special Bench of three Judges where the High Court has three or more Judges, or of all the Judges where it has fewer than three. On an application concerning a newspaper, any copy may be given in evidence to prove the nature or tendency of the words, signs or visible representations. The High Court sets aside the declaration if not satisfied that the issue, book or document contained such matter. Where the Special Bench’s Judges differ, the majority opinion prevails.

Chapter VII: Processes To Compel The Production Of Things

  1. 94 Summons to produce document or other thing
  2. 95 Procedure as to letters
  3. 96 When search-warrant may be issued
  4. 97 Search of place suspected to contain stolen property, forged documents, etc
  5. 98 Power to declare certain publications forfeited and to issue search-warrants for same
  6. 99 Application to High Court to set aside declaration of forfeiture
  7. 100 Search for persons wrongfully confined
  8. 101 Power to compel restoration of abducted females
  9. 102 Direction, etc., of search-warrants
  10. 103 Persons in charge of closed place to allow search
  11. 104 Disposal of things found in search beyond jurisdiction
  12. 105 Recording of search and seizure through audio video electronic means
  13. 106 Power of police officer to seize certain property
  14. 107 Attachment, forfeiture or restoration of property
  15. 108 Magistrate may direct search in his presence
  16. 109 Power to impound document, etc., produced
  17. 110 Reciprocal arrangements regarding processes
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