BNSS Section 99: Application To High Court To Set Aside Declaration Of Forfeiture
Code:
1. Right to Appeal:
– 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 98, 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. The grounds for such application shall be that the issue of the newspaper, or the book or other document, did not contain any matter as referred to in sub-section (1) of section 98.
2. Procedure for Hearing:
– Every application under this section shall be heard and determined by a Special Bench of the High Court, composed of three Judges where the High Court consists of three or more Judges. Where the High Court consists of fewer than three Judges, the Special Bench shall be composed of all the Judges of that High Court.
3. Evidence Admissible:
– On the hearing of any such application concerning a newspaper, any copy of such newspaper may be presented as evidence to aid in proving the nature or tendency of the words, signs, or visible representations contained therein, with respect to which the declaration of forfeiture was made.
4. Decision of the High Court:
– If the High Court is not satisfied that the issue of the newspaper, or the book or other document, contained any matter as referred to in sub-section (1) of section 98, it shall set aside the declaration of forfeiture.
5. Majority Decision:
– In case of 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.
Explanation: Application To High Court To Set Aside Declaration Of Forfeiture
This section deals with the process for challenging a declaration of forfeiture made under Section 98 of the BNSS. Section 98 relates to the forfeiture of newspapers, books, or other documents that contain certain objectionable content.
Section 99 provides a mechanism for any person with an interest in the forfeited publication to appeal the declaration. This appeal must be filed within two months of the declaration’s publication in the Official Gazette.
Illustration:
Suppose a newspaper is declared forfeited under Section 98 because it contained articles deemed to incite violence. The editor of the newspaper believes the articles are not truly inciting violence and wishes to challenge the forfeiture. He can file an application with the High Court under Section 99 to have the declaration set aside.
Common Questions and Answers: Application To High Court To Set Aside Declaration Of Forfeiture
Q: Who can apply to the High Court under this section?
A: Any person who has an interest in the forfeited newspaper, book, or document can apply.
Q: What is the deadline for filing the application?
A: The application must be filed within two months of the declaration’s publication in the Official Gazette.
Q: What are the grounds for setting aside the declaration?
A: The applicant must prove that the publication did not contain the objectionable matter specified in Section 98(1).
Q: How does the High Court decide on the application?
A: The High Court will hear the application and, if not satisfied that the publication contained the objectionable matter, will set aside the declaration.
