Section 98 BNSS 2023 - Power to Declare Certain Publications Forfeited and Issue Search Warrants
Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the State Government power, subject to the statutory conditions, to declare specified newspapers, books or documents forfeited where they appear to contain matter whose publication is punishable under certain provisions of the Bharatiya Nyaya Sanhita, 2023. It also provides for seizure and search warrants and makes Section 99 BNSS the prescribed route for challenging such action.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023 and came into force on July 1, 2024, subject to the statutory exception relating to the First Schedule entry for Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Text of Section 98 BNSS
98. (1) Where-
(a) any newspaper, or book; or
(b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023, the State Government may, by notification, stating the grounds of its opinion, declare every copy of the issue of the newspaper containing such matter, and every copy of such book or other document to be forfeited to Government, and thereupon any police officer may seize the same wherever found in India and any Magistrate may by warrant authorise any police officer not below the rank of sub-inspector to enter upon and search for the same in any premises where any copy of such issue, or any such book or other document may be or may be reasonably suspected to be.
(2) In this section and in section 99,-
(a) "newspaper" and "book" have the same meanings as in the Press and Registration of Books Act, 1867;
(b) "document" includes any painting, drawing or photograph, or other visible representation.
(3) No order passed or action taken under this section shall be called in question in any Court otherwise than in accordance with the provisions of section 99.
Important current-law note: Section 98(2)(a), as enacted, expressly refers to the Press and Registration of Books Act, 1867 for the meanings of "newspaper" and "book". The Press and Registration of Periodicals Act, 2023 came into force on March 1, 2024 and repealed the 1867 Act. The statutory wording of Section 98 BNSS should therefore be reproduced as enacted, while the later repeal should be kept in view when interpreting or applying that cross-reference.
What Section 98 BNSS Means
Section 98 creates a special forfeiture mechanism for certain publications and documents. The State Government must form the opinion that the material contains matter whose publication is punishable under one or more of the BNS provisions specifically named in Section 98(1). If it acts, the notification must state the grounds of that opinion.
Once a valid forfeiture notification is issued, every covered copy stands forfeited to the Government. Any police officer may seize it wherever found in India, and a Magistrate may issue a search warrant authorising a police officer not below the rank of sub-inspector to enter premises and search for such copies.
Publications and Documents Covered
| Category | Scope under Section 98 |
|---|---|
| Newspaper | A newspaper falling within the statutory definition referred to in Section 98(2)(a). |
| Book | A book falling within the statutory definition referred to in Section 98(2)(a). |
| Document | Expressly includes a painting, drawing, photograph or other visible representation. |
BNS Provisions Referred to in Section 98
Section 98(1) is triggered only where the publication appears to contain matter whose publication is punishable under one or more of the specifically listed provisions of the Bharatiya Nyaya Sanhita, 2023. These are Sections 152, 196, 197, 294, 295 and 299 BNS.
| BNS Section | Subject |
|---|---|
| Section 152 | Acts endangering sovereignty, unity and integrity of India. |
| Section 196 | Promoting enmity between different groups and doing acts prejudicial to maintenance of harmony. |
| Section 197 | Imputations and assertions prejudicial to national integration. |
| Section 294 | Sale, etc., of obscene books, etc. |
| Section 295 | Sale, etc., of obscene objects to child. |
| Section 299 | Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs. |
Conditions for Forfeiture under Section 98
- The material must be a newspaper, book or document covered by the section.
- The State Government must form the opinion that it contains matter whose publication is punishable under one of the BNS provisions listed in Section 98(1).
- The declaration must be made by notification.
- The notification must state the grounds of the State Government's opinion.
- After forfeiture, covered copies may be seized wherever found in India.
Search Warrant under Section 98
A Magistrate may issue a warrant authorising a police officer not below the rank of sub-inspector to enter and search premises where a forfeited copy may be present or may reasonably be suspected to be present. This search power is tied to the forfeiture mechanism created by Section 98 and should be distinguished from the general search-warrant provisions in Section 96 BNSS and the special search power under Section 97 BNSS.
Meaning of "Document" under Section 98
Section 98 adopts an express inclusive definition for the purposes of Sections 98 and 99. A "document" includes a painting, drawing, photograph or other visible representation. The scope therefore extends beyond conventional printed textual documents.
Challenge to Forfeiture - Section 99 BNSS
Section 98(3) provides that an order passed or action taken under Section 98 cannot be questioned in any Court except in accordance with Section 99 BNSS. Section 99 therefore supplies the specific statutory remedy for seeking to set aside a declaration of forfeiture.
Related BNSS Provisions
For the surrounding search-warrant scheme, see Section 96 BNSS, Section 97 BNSS, and Section 99 BNSS.
Official Legal Resources
For authoritative and current statutory material, refer to the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023, the Ministry of Home Affairs BNSS commencement notification, the India Code - Press and Registration of Periodicals Act, 2023, and the Ministry of Information and Broadcasting - Acts and Guidelines.
This page is intended for general legal information. For case-specific advice, constitutional issues, or a challenge to forfeiture, consult a qualified legal professional.