Power to declare certain publications forfeited and to issue search-warrants for same
Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power to declare certain publications forfeited and to issue search-warrants for same. 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 (45 The Act came into force on 01 Jul 2024.
(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 (45 of 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 (25 of 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.
Section 98, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 95 Power to declare certain publications forfeited and to issue searchwarrants for the same Text carried over almost unchanged 91%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- Bharatiya Nyaya Sanhita s. 299 Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs
- s. 99 Application to High Court to set aside declaration of forfeiture
- s. 152 Conditional order for removal of nuisance
- s. 196 Inquiry by Magistrate into cause of death
- s. 197 Ordinary place of inquiry and trial
- s. 294 Judgment of Court
- s. 295 Finality of judgment
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pravasi Bhalai Sangathan vs U. O. I.
Decided under Code of Criminal Procedure 95, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where statutory provisions provide comprehensive remedies for addressing hate speeches, and the existing legal regime is sufficiently developed to address the menace through enforcement by law enforcing agencies and executive bodies, courts should not issue new judicial directions that go beyond their separation of powers authority or create judicially unmanageable orders. Instead, courts should emphasize effective execution of existing law and request appropriate bodies like the Law Commission to undertake legislative study and make recommendations for strengthening the legal framework. Judicial activism, while legitimate for addressing legal vacuums or preventing fraud upon statutes, must yield to separation of powers principles and the primacy of legislative action when the legislature has already expressed its will through comprehensive statutory schemes.
On this section: Procedural provisions enabling preventive action and criminal proceedings; relevant to enforcement mechanisms against hate speeches
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 98
What have the courts held on Section 98 of the Bharatiya Nagarik Suraksha Sanhita?
Pravasi Bhalai Sangathan vs U. O. I. (12 Mar 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 95, which this section replaced -- the court never mentioned this Act: Procedural provisions enabling preventive action and criminal proceedings; relevant to enforcement mechanisms against hate speeches.
How do I find court cases under Section 98 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 98, section 98 BNSS, section 98 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 98 bnss in crpc and bns 98 malayalam. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Pravasi Bhalai Sangathan vs U. O. I. (12 Mar 2014).
What should I read with Section 98 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on Bharatiya Nyaya Sanhita 299 (Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs), section 99 (Application to High Court to set aside declaration of forfeiture), section 152 (Conditional order for removal of nuisance), section 196 (Inquiry by Magistrate into cause of death), and on 3 further provisions, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. It carries forward CrPC 95 (Power to declare certain publications forfeited and to issue searchwarrants for the same), so the judgments decided under that provision are the case law on this one.
When did Section 98 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 98 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 98, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.