Section 96 CrPC: Application to High Court to Set Aside Declaration of Forfeiture

Section 96 of the Code of Criminal Procedure, 1973 provided a specific remedy before the High Court against a declaration of forfeiture made under Section 95 CrPC in respect of a newspaper, book or other document.

Legal position: This article explains Section 96 CrPC as applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024. The corresponding provision in the BNSS is Section 99, while the corresponding power to declare certain publications forfeited is in Section 98 BNSS. The applicable provision in an individual matter should be determined with reference to the commencement and savings provisions.

What was Section 96 CrPC?

Section 96 created the statutory procedure by which a person having an interest in a newspaper, book or other document forfeited under Section 95 could approach the High Court and seek to have the declaration of forfeiture set aside. The challenge had to be brought within two months from publication of the declaration in the Official Gazette.

Point	Position under Section 96 CrPC
Who could apply?	Any person having an interest in the newspaper, book or other document.
Order challenged	A declaration of forfeiture made under Section 95 CrPC.
Time limit	Within two months from publication of the declaration in the Official Gazette.
Forum	The High Court.
Ground	The publication or document did not contain the matter referred to in Section 95(1).
Bench	Ordinarily a Special Bench of three Judges where the High Court consists of three or more Judges.

Section 96 CrPC - Statutory Provision

Section 96 - Application to High Court to set aside declaration of forfeiture

(1) Any person having any interest in any newspaper, book or other document in respect of which a declaration of forfeiture had been made under Section 95 could, within two months from publication of the declaration in the Official Gazette, apply to the High Court to set it aside on the ground that the publication or document did not contain the matter referred to in Section 95(1).

(2) Where the High Court consisted of three or more Judges, the application was to be heard by a Special Bench of three Judges. Where it consisted of fewer than three Judges, all Judges of that High Court constituted the Special Bench.

(3) In a case concerning a newspaper, a copy of that newspaper could be given in evidence to assist in proving the nature or tendency of the relevant words, signs or visible representations.

(4) If the High Court was not satisfied that the newspaper, book or other document contained matter of the kind referred to in Section 95(1), it was required to set aside the declaration of forfeiture.

(5) If the Judges of the Special Bench differed, the decision followed the opinion of the majority.

Meaning and Scope of the Related Provisions

Section 95 CrPC - Declaration of forfeiture

Section 95 empowered the State Government, where the statutory conditions were satisfied and the Government formed the required opinion regarding specified prohibited matter appearing in a newspaper, book or document, to declare every copy of the relevant issue, book or document forfeited to the Government. The provision also enabled consequential search and seizure action. Section 96 was the special High Court remedy against such a declaration.

Meaning of newspaper, book and document

For the purposes of Sections 95 and 96, Section 95(2) adopted the statutory meanings of "newspaper" and "book" then referred to in the Press and Registration of Books Act, 1867. It also provided that "document" included a painting, drawing, photograph or other visible representation.

Who Could File an Application?

The right was not confined to an author, editor or publisher. The statutory expression was "any person having any interest" in the newspaper, book or other document that had been declared forfeited. The applicant nevertheless had to bring the challenge within the statutory period and on the ground contemplated by Section 96(1).

Two-Month Limitation Period

The application was required to be filed within two months from the date on which the declaration of forfeiture was published in the Official Gazette. The Gazette publication date was therefore central to calculating the statutory period.

Ground for Setting Aside the Declaration

The statutory question was whether the issue of the newspaper, book or other document actually contained matter of the character referred to in Section 95(1). If the High Court was not satisfied that it did, Section 96(4) required the Court to set aside the declaration.

Special Bench of the High Court

Section 96 prescribed the composition of the Bench itself. In a High Court having three or more Judges, the application was heard and determined by a Special Bench of three Judges. In a High Court having fewer than three Judges, all Judges constituted the Special Bench. A difference of opinion was resolved according to the majority.

Evidence in a Newspaper Case

Where the application concerned a newspaper, Section 96(3) expressly permitted a copy of the newspaper to be given in evidence in aid of proving the nature or tendency of the words, signs or visible representations for which forfeiture had been declared.

Relationship Between Section 95 and Section 96 CrPC

Sections 95 and 96 operated together. Section 95 supplied the State Government's forfeiture power and stated that an order or action under that section could not be questioned in a court otherwise than in accordance with Section 96. Section 96 supplied the corresponding statutory High Court remedy.

Position After 1 July 2024

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC with effect from 1 July 2024, subject to its savings provisions. The provision corresponding to Section 96 CrPC is Section 99 BNSS, titled "Application to High Court to set aside declaration of forfeiture." The related forfeiture provision corresponding to Section 95 CrPC is Section 98 BNSS.

Practical note: For a matter governed by the pre-BNSS law, examine Section 96 together with Section 95 CrPC and the relevant Gazette declaration. For a matter governed by the BNSS, refer to Sections 98 and 99 BNSS. Transitional cases require attention to the savings clause and the facts giving rise to the proceeding.

Official Legal Resources

For the authoritative statutory text, refer to the Government of India's India Code. The current criminal procedure legislation can also be checked through the Ministry of Home Affairs.

This article is for general legal information. The applicability of the CrPC or BNSS to a particular proceeding may depend on the relevant dates, procedural history and statutory savings provisions.