Application to High Court to set aside declaration of forfeiture
Section 96 of the Code of Criminal Procedure, 1973 deals with application to High Court to set aside declaration of forfeiture. Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declarat 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
(1) Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declaration on the ground that the issue of the newspaper, or the book or other document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 95.
(2) Every such application shall, where the High Court consists of three or more Judges, be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
(3) On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper, in respect of which the declaration of forfeiture was made.
(4) The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (1) of section 95, set aside the declaration of forfeiture.
(5) Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.
Section 96, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 99 Application to High Court to set aside declaration of forfeiture Text carried over almost unchanged 100%
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.
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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… Sharma v. Satish Chandra [(1954) SCR 1077] . Though the question directly arising for decision in that case was whether a search and seizure of documents under the provisions of Sections 94 and 96 of the Code of Criminal Procedure came within the ambit of the prohibition of clause (3) of Article 20 of the Constitution, this Court covered a much wider field. Besides laying down that the search and seizure complained of in that case were not within the prohibition, this Court examined the origin and scope of …
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… It would extend to any compulsory process for production of evidentiary documents which are reasonably likely to support a prosecution against them. " (Para 11) (emphasis supplied) Finally in the above decision, the Apex Court had held that the searches made in pursuance of warrants issued under Section 96 of the Code of Criminal Procedure could not be challenged as illegal on the ground of violation of fundamental right under Article 20(3) of the Constitution of India. In the above decision, the Apex Court had also observed that when the Indian statutory law specifically recognised, protection against production of …
Questions about Section 96
What does Section 96 of the Code of Criminal Procedure deal with?
Section 96 of the Code of Criminal Procedure is headed "Application to High Court to set aside declaration of forfeiture". Any person having any interest in any newspaper, book or other document, in respect of which a declaration of forfeiture has been made under section 95, may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside such declarat
How do I find court cases under Section 96 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 96, section 96 CRPC, section 96 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.
What should I read with Section 96 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 95 (Power to declare certain publications forfeited and to issue searchwarrants for the same), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 99 (Application to High Court to set aside declaration of forfeiture), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 96 of the Code of Criminal Procedure come into force?
Section 96 of the Code of Criminal Procedure, cited as CRPC 96, 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
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