Section 95 CrPC: Power to Declare Certain Publications Forfeited and Issue Search Warrants

Section 95 of the Code of Criminal Procedure, 1973 empowered the State Government, subject to the statutory conditions, to declare specified newspapers, books or documents forfeited and enabled their seizure and search. This page explains the provision as it stood under the CrPC before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force.

Historical law note: The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 with effect from 1 July 2024, subject to the saving and transitional provisions applicable to pending matters. This article is retained for understanding Section 95 CrPC and proceedings governed by the earlier Code.

What did Section 95 CrPC provide?

Section 95 dealt with publications containing matter whose publication was punishable under specified provisions of the Indian Penal Code, 1860. If such matter appeared in a newspaper, book or other document, the State Government could issue a notification declaring copies forfeited to the Government. The notification was required to state the grounds of the State Government's opinion.

The original page identified Section 95 as the provision governing forfeiture of publications and the consequential power to seize copies and issue a search warrant.

Section 95(1): Conditions for forfeiture

In substance, Section 95(1) applied where:

a newspaper or book, wherever printed, or any other document appeared to the State Government to contain prohibited matter;
publication of that matter was punishable under Section 124A, 153A, 153B, 292, 293 or 295A of the Indian Penal Code, 1860;
the State Government issued a notification declaring the relevant copies forfeited; and
the notification stated the grounds of the Government's opinion.

After a valid declaration, any police officer could seize the forfeited material wherever found in India. A Magistrate could also issue a warrant authorising a police officer not below the rank of Sub-Inspector to enter and search premises where such material was, or was reasonably suspected to be, present. The statutory text on the uploaded page contains these powers and conditions.

Meaning of the IPC provisions referred to in Section 95

For the pre-BNSS and pre-BNS legal framework, Section 95 referred to specified IPC offences. In broad terms, these covered sedition under Section 124A; promoting enmity between groups under Section 153A; imputations and assertions prejudicial to national integration under Section 153B; obscenity under Sections 292 and 293; and deliberate and malicious acts intended to outrage religious feelings under Section 295A. Whether a publication actually attracted any such provision depended on its contents and the applicable legal standards.

Important: Section 95 did not permit forfeiture merely because a publication was objectionable. The statutory preconditions had to be met, and the Government notification had to state the grounds of its opinion.

Definitions under Section 95(2)

Section 95(2) provided definitions for Section 95 and Section 96. It stated that the expressions "newspaper" and "book" had the meanings assigned to them in the Press and Registration of Books Act, 1867. It also expressly provided that "document" included a painting, drawing, photograph or other visible representation. These definitions appeared in the original page.

Challenge to forfeiture under Section 96 CrPC

Section 95(3) restricted the manner in which an order or action under Section 95 could be questioned: the challenge had to be made in accordance with Section 96 CrPC. Section 96 allowed a person having an interest in the newspaper, book or document to apply to the High Court to set aside the declaration, subject to the requirements and limitation prescribed in that section. The original page also recorded the Section 95(3) restriction.

Key procedural safeguards

Specified offence: The publication had to contain matter falling within one of the penal provisions expressly referred to in Section 95(1).
Recorded grounds: The State Government's forfeiture notification had to state the grounds of its opinion.
Search by warrant: A Magistrate could authorise entry and search, but the executing police officer had to be not below the rank of Sub-Inspector.
High Court remedy: Section 96 provided the statutory route for seeking to set aside a declaration of forfeiture.

Official statutory source

The text of the Code of Criminal Procedure, 1973 can be checked on the official India Code portal: India Code. For current criminal procedure, readers should also consult the Bharatiya Nagarik Suraksha Sanhita, 2023 and applicable commencement and saving provisions.

This article explains the historical CrPC provision for legal information. For a current matter, verify the governing law, commencement date, saving provisions and later judicial developments.