Authorizes State Government to forfeit unlawful publications and courts to order seizure through search warrants.
Provides mechanism to restrict circulation of materials punishable under specified penal provisions.
Introduction
Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers the State Government to declare certain publications forfeited where they contain matter punishable under specified provisions of criminal law. It further authorizes courts to issue search warrants for seizure of such publications wherever found. The provision ensures that objectionable or unlawful printed materials do not remain in circulation and can be removed through legally supervised enforcement measures.
It operates as a safeguard against dissemination of content threatening public order, morality, or national integrity.
Objective of the Provision
The objectives of Section 98 BNSS are
- to prevent circulation of unlawful and prohibited publications
- to enable forfeiture of materials containing punishable content
- to empower courts to order seizure through search warrants
- to maintain public order and legal compliance in printed communications
The provision ensures lawful regulation of objectionable publications through structured procedure.
Meaning / Concept
Forfeiture of Publications
Forfeiture refers to declaration by the State Government that specific publications containing unlawful matter shall be confiscated and removed from circulation. Once declared forfeited, such publications cannot legally be possessed, distributed, or sold.
This is an executive action subject to judicial safeguards.
Search-Warrant for Seizure
After forfeiture is declared, a Magistrate may issue a search warrant authorizing police officers to search premises and seize copies of the publication wherever located.
Thus, forfeiture is followed by enforceable seizure mechanisms.
Detailed Explanation of the Section
Section 98 BNSS provides that
- where the State Government is satisfied that a publication contains matter punishable under relevant penal provisions
- it may declare every copy of such publication forfeited to the Government
- upon such declaration, a Magistrate may issue a search warrant authorizing seizure of copies wherever found
The publication may include
- books
- newspapers
- documents
- pamphlets
- printed or digital materials capable of dissemination
The declaration must specify
- the grounds of forfeiture
- the penal provisions attracted by the objectionable content
Key features include
- satisfaction of State Government as prerequisite
- requirement of specifying legal grounds for forfeiture
- judicial authorization for search and seizure
- applicability to all copies of the publication
These safeguards ensure lawful restriction on circulation of objectionable material.
Procedure or Legal Framework
The procedural framework under Section 98 BNSS generally includes
- identification of publication containing punishable material
- formation of satisfaction by State Government
- issuance of notification declaring forfeiture
- application before Magistrate for search warrant
- execution of search and seizure by police authorities
- production of seized material before court
Persons aggrieved by forfeiture orders may challenge such action before appropriate judicial forums under related provisions.
Judicial Interpretation
Courts have emphasized that forfeiture of publications must strictly comply with statutory safeguards and constitutional protections relating to freedom of speech.
In Harnam Das v. State of Uttar Pradesh AIR 1961 SC 1662, the Supreme Court held that forfeiture orders must clearly specify the offending passages and grounds relied upon by the Government.
In State of Uttar Pradesh v. Lalai Singh Yadav (1977) 2 SCC 699, the Court observed that forfeiture notifications must demonstrate application of mind and cannot be issued mechanically.
In Arup Bhuyan v. State of Assam (2011) 3 SCC 377, the Supreme Court emphasized that restrictions on expression must satisfy statutory and constitutional standards.
These rulings highlight the necessity of procedural precision and constitutional compliance in forfeiture proceedings.
Importance of the Provision
Section 98 BNSS is important because
- it prevents circulation of publications containing unlawful material
- it enables seizure of objectionable content through judicial process
- it supports maintenance of public order and legal discipline
- it ensures executive action remains subject to judicial oversight
The provision plays a key role in regulating dissemination of punishable printed material.
Connection with Other Sections
Section 98 BNSS operates alongside related provisions governing search and seizure of objectionable materials
- Section 96 BNSS – When search-warrant may be issued
- Section 97 BNSS – Search of place suspected to contain stolen property, forged documents, etc.
- Section 99 BNSS – Application to High Court to set aside declaration of forfeiture
- Section 100 BNSS – Persons in charge of closed place to allow search
Corresponding Provision under Old Law
Section 98 BNSS corresponds to Section 95 of the Code of Criminal Procedure, 1973.
Illustrative Example
A State Government determines that a printed pamphlet promotes enmity between communities and attracts penal provisions under criminal law. It issues a notification declaring the publication forfeited. A Magistrate subsequently issues search warrants authorizing police officers to seize copies from bookstores and printing presses. This action is valid under Section 98 BNSS.
Conclusion
Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the State Government to declare certain unlawful publications forfeited and enables courts to issue search warrants for their seizure. By combining executive authority with judicial oversight, the provision ensures lawful restriction on circulation of objectionable materials while maintaining procedural safeguards.
