Power to declare certain publications forfeited and to issue searchwarrants for the same
Section 95 of the Code of Criminal Procedure, 1973 deals with power to declare certain publications forfeited and to issue searchwarrants for the same. Power to declare certain publications forfeited and to issue search warrants for the same. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Power to declare certain publications forfeited and to issue search warrants for the 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 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code(45 of 1860), 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 96,-
(a) "newspaper" and "book" have the same meaning 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 96.
Section 95, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 98 Power to declare certain publications forfeited and to issue search-warrants for 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 The repealed enactment still governs what happened while it was in force.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
- s. 96 Application to High Court to set aside declaration of forfeiture
- s. 292 Evidence of officers of the Mint
- s. 293 Reports of certain Government scientific experts
- Indian Penal Code s. 295A Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs
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.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… F.R. Shaikh, APP for the Respondent Nos.1 to 3. Mr. Sandesh Deshpande for Respondent No.4. CORAM : A.S. OKA & ANUJA PRABHUDESSAI, JJ. DATE : 22nd DECEMBER, 2016 P.C. 1 The prayer in this PIL is for issuing a writ of mandamus enjoining the State Government to exercise powers under Section 95 of the Code of Criminal Procedure, 1973 in relation to book, a copy of which is annexed at Exhibit – F. 2 A representation dated 25th February, 2016 (Exhibit – E) made by the Petitioner is annexed to the Petition. Though the representation is addressed to the Senior Inspector of Police of Shivaji Park Police …
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… I am not impressed by these statements. Admittedly, the applicant has been acquitted in those cases. So far as the publication of the said book by the applicant is concerned, admittedly, the book has not been banned under the provisions of section 95 of the Code of Criminal Procedure, or any other law. Simply because of the bias in the mind of the applicant about the 'majority community', the applicant cannot be believed to have committed the offences which are the subject matter of the present case. The way the contention is advanced, it shows that the First …
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… in the contention that the allegations against the applicant of his being involved in the alleged unlawful activities, since the year 1997, are not supported by any material in the chargesheet. 12 The material allegedly found in the locker, which is alleged to be provocative material, is not banned under Section 95 of the Code of Criminal Procedure, or under any other provision of law. 13 The applicant is in custody since 12.9.2011. The trial is yet not over. The estimate of the time required to dispose of the case, as mentioned by the trial court, is proved to have been wrong. 14 Upon considering the police report and …
Questions about Section 95
What have the courts held on Section 95 of the Code of Criminal Procedure?
Pravasi Bhalai Sangathan vs U. O. I. (12 Mar 2014) is the leading judgment on this section among those set out below: Procedural provisions enabling preventive action and criminal proceedings; relevant to enforcement mechanisms against hate speeches.
How do I find court cases under Section 95 of the Code of Criminal Procedure?
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: CRPC 95, section 95 CRPC, section 95 of the Code of Criminal Procedure. 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 95 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 96 (Application to High Court to set aside declaration of forfeiture), section 292 (Evidence of officers of the Mint), section 293 (Reports of certain Government scientific experts), Indian Penal Code 295A (Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 98 (Power to declare certain publications forfeited and to issue search-warrants for same), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 95 of the Code of Criminal Procedure come into force?
Section 95 of the Code of Criminal Procedure, cited as CRPC 95, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.