CrPC Section 95: Forfeiture of Publications & Search Warrants
1. Code
Section 95 of the Code of Criminal Procedure, 1973 (CrPC) deals with the forfeiture of publications and the issuance of search warrants in certain circumstances.
2. Explanation
This section empowers a Magistrate to seize any publication that is deemed to be:
- Defamatory
- Seditious
- Obscene
- Incite to any offense
- Promote disharmony or hatred
The Magistrate can also issue a search warrant to search for such publications. This power is vested in a Magistrate to prevent the spread of harmful or illegal content through publications.
3. Illustration
Imagine a newspaper publishes an article that incites violence against a particular community. The Magistrate, upon receiving a complaint, can use Section 95 to:
- Seize all copies of the newspaper containing the article.
- Issue a search warrant to the police to search the newspaper office for any remaining copies.
4. Common Questions and Answers
Q: Who can apply for a search warrant under Section 95?
A: Any person can apply to the Magistrate.
Q: What are the grounds for issuing a search warrant?
A: The Magistrate must be satisfied that the publication is likely to fall under the categories mentioned in the section (defamatory, seditious, etc.).
Q: What happens to the seized publications?
A: The Magistrate may order the destruction of the seized publications or may release them under certain conditions.
