Section 98 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Power To Declare Certain Publications Forfeited And To Issue Search-Warrants For Same.

Code: 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.

Explanation

Objective:

• To prevent circulation of materials that may incite violence, sedition, obscenity, or religious disharmony.
• To give power to the State Government to seize and forfeit publications that violate public order.
• To restrict the spread of false, defamatory, or provocative content in newspapers, books, and other media.

Key Provisions:

1. Who Can Order Forfeiture?

   • State Government can issue an official notification if a publication violates Sections 152, 196, 197, 294, 295, or 299 BNSS.

2. Which Materials Can Be Forfeited?

   • Newspapers, books, and documents, including paintings, drawings, photographs, or any visible representation.

3. Who Can Seize the Material?

   • Any police officer can confiscate copies anywhere in India.

4. Who Can Conduct Searches?

   • A Magistrate can issue a search warrant allowing a police officer (sub-inspector or above) to search premises for such materials.

5. Can This Order Be Challenged in Court?

   • Only under Section 99 BNSS, which specifies the procedure for appeals.

Illustration 

Example 1: Banning a Newspaper for Hate Speech

A newspaper publishes an article inciting communal violence. The State Government issues a notification under Section 98 BNSS, declaring all copies of the issue forfeited.
Police officers seize the newspapers, and a Magistrate issues a search warrant to confiscate stored copies.

Example 2: Seizing Obscene Materials

A book containing sexually explicit and obscene content is being circulated in violation of Section 294 BNSS.
The State Government orders forfeiture, and police seize copies from bookstores and warehouses.

Example 3: Defamatory Political Pamphlets

A pamphlet defaming a public official is widely distributed. Since it violates Section 299 BNSS (defamation), the State Government orders its seizure.
Police officers confiscate remaining copies, and a search warrant is issued for its source.

Common Questions and Answers

1. Who can declare a book, newspaper, or document forfeited?

• Only the State Government, through an official notification stating the reasons for forfeiture.

2. Can police seize materials without a warrant?

• Yes, once the State Government declares forfeiture, police can seize copies anywhere in India.
• However, searching premises requires a Magistrate’s warrant.

3. What types of materials can be seized under this section?

• Printed materials like newspapers, books, pamphlets, and documents (including photos, drawings, paintings, or digital representations).

4. What offenses can lead to forfeiture under Section 98 BNSS?

• Sedition (Section 152 BNSS)
• Public disorder (Section 196 BNSS)
• Hate speech (Section 197 BNSS)
• Obscenity (Section 294 BNSS)
• Hurting religious sentiments (Section 295 BNSS)
• Defamation (Section 299 BNSS)

5. Can an author or publisher challenge the forfeiture?

• Yes, but only as per Section 99 BNSS, which details the procedure for appeals.

Conclusion

Section 98 BNSS empowers the State Government to prevent circulation of harmful, obscene, or seditious material by seizing and forfeiting newspapers, books, and documents.
It ensures public order while allowing legal challenges only through proper channels.

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