What Is BNSS Section 98?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 98: Power to declare certain publications forfeited and to issue search warrants for same.

(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 150 or section 194 or section 195 or section 292 or section 293 or section 297 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 meaning 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.

Brief Detail

Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023, empowers the State Government to declare certain publications, including newspapers, books, and other documents, as forfeited if they contain material punishable under specific sections of the Bharatiya Nyaya Sanhita. This section allows police officers to seize these publications and authorizes magistrates to issue search warrants for their recovery.

Question & Answers

What is the primary function of Section 98?

It allows the State Government to declare publications forfeited if they contain prohibited material.

What types of materials can be declared forfeited?

Newspapers, books, and other documents that violate specific sections of the Bharatiya Nyaya Sanhita.

What actions can police officers take under this section?

Police officers can seize forfeited publications and search premises for these materials based on magistrate-issued warrants.

What does the term document include in this section?

It includes any painting, drawing, photograph, or other visible representation.

Can orders or actions taken under this section be challenged in court?

No, they cannot be questioned in court except in accordance with the provisions of section 99.

Example

- A newspaper publishes an article deemed to incite violence, violating section 292.

- The State Government issues a notification declaring that issue of the newspaper forfeited.

- Police officers seize copies of the newspaper found at various locations based on this declaration.

Summary

Section 98 grants the State Government the authority to declare publications containing objectionable content as forfeited and to take necessary actions for their seizure. This provision is designed to protect public order and ensure compliance with the law, while also defining the scope of what constitutes a document under this regulation.