BNSS Section 98: Power To Declare Certain Publications Forfeited And To Issue Search
Code:
1. Forfeiture by State Government:
– 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, 196, 197, 294, 295, or 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 the Government. Upon such declaration, any police officer may seize such copies wherever found in India. Additionally, any Magistrate may issue a warrant authorizing a police officer not below the rank of sub-inspector to enter and search any premises where any copy of such issue, book, or other document may be or is reasonably suspected to be.
2. Interpretation:
– 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, photograph, or other visible representation.
3. Non-justiciability:
– No order passed or action taken under this section shall be called into question in any Court except in accordance with the provisions of section 99.
Explanation:
Power To Declare Certain Publications Forfeited And To Issue Search
This section empowers the State Government to confiscate any newspaper, book, or document that contains content deemed punishable under certain sections of the Bharatiya Nyaya Sanhita, 2023 (BNY). These sections pertain to offenses like promoting enmity between different groups, defaming individuals, and obscenity.
Illustration: Power To Declare Certain Publications Forfeited And To Issue Search
Let’s say a newspaper publishes an article promoting hatred against a particular religious community, which falls under the purview of Section 152 of BNY. The State Government, considering this content harmful, can declare the entire issue of the newspaper forfeited. This means that any copies of this issue can be seized by police officers anywhere in India.
Common Questions and Answers:
Q: What sections of the BNY are covered under Section 98?
A: Section 98 covers Sections 152, 196, 197, 294, 295, and 299 of the BNY.
Q: Who has the authority to declare forfeiture under this section?
A: Only the State Government can declare forfeiture under Section 98.
Q: Can anyone challenge an order passed under Section 98?
A: Yes, but only in accordance with the provisions of Section 99 of BNSS. This means there are specific procedures to be followed for challenging such orders.
