सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 99

Application to High Court to set aside declaration of forfeiture

Why this exists

Section 98 (like its predecessor, Section 95 of the old CrPC) lets the government forfeit newspapers, books, or documents believed to contain seditious, obscene, or otherwise dangerous material. Because such power can be misused to suppress free speech, the law has long provided a judicial check: the affected person can challenge the forfeiture before a multi-judge bench rather than a single judge, ensuring a more considered and less arbitrary review. This balance between state power to restrict harmful publications and the citizen's right to free expression under Article 19(1)(a) has existed in Indian criminal procedure since colonial-era press laws and was carried forward through the CrPC into the BNSS.

How courts read it

Courts have generally read this kind of provision as a safeguard for free speech rather than a mere technical review. In Harnam Das v. State of U.P. (1958), the Supreme Court upheld the validity of a similar special-bench mechanism, treating it as an adequate judicial check on executive forfeiture powers. Later, in State of Maharashtra v. Sangharaj Damodar Rupawate (2010), concerning the forfeiture of a book on Hindu religious history, the Supreme Court emphasised that courts must independently examine whether the material truly falls within the objectionable categories, and cannot simply defer to the government's opinion. These cases reflect a judicial approach that treats the High Court's review as a real, not rubber-stamp, protection for authors and publishers.

Common misconceptions
  • Myth: Only the author of the book or newspaper can challenge the forfeiture.
    Fact: The law allows 'any person having any interest' in the material — which can include publishers, distributors, or other stakeholders, not just the author.
  • Myth: The High Court's decision on such applications can be made by a single judge like any other petition.
    Fact: The law specifically requires a Special Bench of three judges (or all judges if fewer than three), reflecting the seriousness of forfeiture cases involving free expression.
  • Myth: The court just checks whether the government followed proper paperwork.
    Fact: The High Court must independently assess whether the actual content meets the legal definition of objectionable matter under Section 98(1), not merely review procedural compliance.