Chapter VII
Section 96 CrPC: Application to High Court to set aside declaration of forfeiture
New Law Update (2024)
Section 107 BNSS
TRIAL COURT
High Court
Punishment
Procedural – Appeals / Revision
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(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.
Important Sub-Sections Explained
Section 96(1)
This sub-section empowers any person with an interest in a forfeited publication to apply to the High Court. It establishes a strict two-month time limit from the official gazette publication and specifies the sole ground for challenge: that the publication did not contain the objectionable matter alleged under Section 95(1).
Section 96(4)
This sub-section mandates the High Court to set aside the forfeiture declaration if, after examining the application, it is not satisfied that the publication contained the objectionable matter referred to in Section 95(1). It highlights the High Court’s power of judicial review to ensure the executive’s forfeiture order is legally justified.
Landmark Judgements
State of U.P. v. Lalai Singh Yadav (1977):
The Supreme Court examined the scope of forfeiture of publications, emphasizing that the power under Section 95 (then 99-A of CrPC 1898) must be exercised cautiously. It held that for forfeiture to be valid, the publication must contain matter directly punishable under the specific sections of the Indian Penal Code referred to in Section 95, and not merely content that is controversial or critical. This judgment reinforces the High Court’s critical role in reviewing the legality and justification of such declarations.
Tara Singh Gopi Chand v. The State (1951):
This High Court ruling clarified the extent of judicial review under Section 96 (then 99-D of CrPC 1898), stating that the High Court is not merely to assess whether the government acted in good faith, but must independently examine the forfeited publication. The court determined that it has the power to ascertain whether the impugned matter actually falls within the penal provisions cited for forfeiture, thereby exercising full judicial scrutiny over the executive’s declaration.
Draft Format / Application
IN THE HIGH COURT OF JUDICATURE AT [HIGH COURT CITY]
[STATE]
(Ordinary Original Civil/Criminal Jurisdiction, as the case may be)
CRIMINAL/CIVIL MISCELLANEOUS APPLICATION NO. ____ OF 20___
IN THE MATTER OF:
Section 96 of the Code of Criminal Procedure, 1973
AND
In the matter of setting aside a Declaration of Forfeiture
Mr./Ms. [Applicant’s Name]
S/o D/o W/o [Father’s/Husband’s Name]
Residing at [Applicant’s Address]
[Email]
[Mobile No.]
…APPLICANT
VERSUS
THE STATE OF [STATE NAME]
Through [Designation of Concerned Authority, e.g., The Secretary, Home Department]
[Address]
…RESPONDENT
APPLICATION UNDER SECTION 96 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the Applicant is a person having a direct and substantial interest in the newspaper/book/document titled “[Title of Newspaper/Book/Document]” (hereinafter referred to as “the said Publication”).
2. That the State Government, vide Notification No. [Notification Number] dated [Date of Notification], published in the Official Gazette on [Date of Publication in Gazette], made a declaration of forfeiture in respect of the said Publication under Section 95 of the Code of Criminal Procedure, 1973. A copy of the said Notification is annexed hereto as ANNEXURE A.
3. That the said declaration of forfeiture was made on the alleged ground that the said Publication contained matter as referred to in sub-section (1) of Section 95 of the Code of Criminal Procedure, 1973, particularly [mention specific alleged IPC sections/grounds if known, e.g., seditious matter, promoting enmity].
4. That the Applicant submits that the said Publication, or the specific issue thereof, in respect of which the declaration of forfeiture was made, did not, in fact, contain any such matter as is referred to in sub-section (1) of Section 95 of the Code of Criminal Procedure, 1973. The contents of the said Publication are lawful and do not violate any provisions of law.
5. That the present application is being filed within two months from the date of publication of the said declaration in the Official Gazette, as prescribed by Section 96(1) of the Code of Criminal Procedure, 1973.
6. That the Applicant is aggrieved by the aforesaid declaration of forfeiture, which is arbitrary, illegal, and against the principles of natural justice, and infringes upon the fundamental rights of freedom of speech and expression guaranteed under Article 19(1)(a) of the Constitution of India.
7. That there is no other efficacious remedy available to the Applicant except to approach this Hon’ble High Court under Section 96 of the Code of Criminal Procedure, 1973.
PRAYER:
In view of the aforesaid facts and circumstances, it is most respectfully prayed that this Hon’ble Court may be pleased to:
a) Set aside the declaration of forfeiture made by the State Government vide Notification No. [Notification Number] dated [Date of Notification] in respect of the newspaper/book/document titled “[Title of Newspaper/Book/Document]”.
b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT, AS IN DUTY BOUND, SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature of Applicant/Advocate for Applicant)
[Name of Applicant/Advocate]
[Enrollment No. of Advocate]