Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 99: Application to High Court to set aside declaration of forfeiture
(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 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 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 98.
(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 98, 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.
Brefe Detail
Section 99 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a mechanism for individuals with an interest in a publication that has been declared forfeited under Section 98 to appeal to the High Court. The application must be filed within two months of the declaration. The High Court will review the matter, and if it finds that the publication does not contain objectionable material, it can set aside the forfeiture.
Question & Answers
What is the purpose of Section 99?
Section 99 allows individuals to challenge the forfeiture of their publications in the High Court.
Who can apply to the High Court under this section?
Any person with an interest in the newspaper, book, or document that has been declared forfeited.
What is the time limit for filing an application?
The application must be filed within two months from the date of publication of the forfeiture in the Official Gazette.
How is the application heard in the High Court?
If the High Court has three or more Judges, a Special Bench of three Judges will hear the case. If it has fewer than three Judges, all Judges will form the Special Bench.
What evidence can be presented during the hearing?
Copies of the newspaper or document in question may be presented to prove the nature or tendency of its contents.
What happens if the High Court finds the publication non-objectionable?
The High Court will set aside the declaration of forfeiture.
How is a decision made if there is a difference of opinion among the Judges?
The decision will be based on the majority opinion of the Judges in the Special Bench.
Example
- A publisher whose book has been declared forfeited under Section 98 believes the content is not objectionable.
- The publisher files an application within two months to the High Court to set aside the forfeiture.
- The High Court hears the case with a Special Bench of three Judges.
- If the Judges agree that the book does not contain objectionable material, they will set aside the forfeiture.
Summary
Section 99 outlines the process for appealing a declaration of forfeiture of publications in the High Court. It specifies who can apply, the timeframe for the application, and the procedural steps involved in reviewing the forfeiture. The section ensures that individuals have a recourse to challenge government actions regarding the publication of materials deemed objectionable.
