Section 98 BNSS: Power to declare certain publications forfeited and to issue search-warrants for same (Formerly Section 95 CrPC)

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

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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 152 or section 196 or section 197 or section 294 or section 295 or section 299 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 meanings 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.

Legal Commentary & Landmark Judgments: Section 98

Section 98 empowers the State Government to declare any newspaper, book, or document forfeited to Government where it appears to contain any matter the publication of which is punishable under specified penal provisions (e.g., hate speech, national integration, obscenity).

State Government Notification: Official Gazette declaration stating the grounds of the Government's opinion.
Specified Penal Categories: Matter punishable under Section 152 (sovereignty), Section 196 (promoting enmity), Section 197, Section 299 (outraging religious feelings), or Section 294 BNS.
Search Warrant Issuance: Any Magistrate may issue a warrant authorizing police to enter and seize copies.

Key Landmark Precedents:

Baragur Ramachandrappa v. State of Karnataka (2007) 5 SCC 11: The Supreme Court held that the government notification declaring forfeiture must state the grounds of opinion; a mere reiteration of statutory words without discussing why the book offends the law invalidates the forfeiture.
Nand Kishore Singh v. State of Bihar AIR 1986 Pat 98: The Full Bench ruled that stating grounds of opinion is an indispensable condition precedent; failure to articulate reasons vitiates the forfeiture notification.
Gopal Vinayak Godse v. Union of India AIR 1971 Bom 56: The Special Bench held that the court must examine the publication holistically rather than picking isolated sentences out of context.

Courtroom Practice & Strategic Litigation Guidance:

Linchpin challenge under *Baragur Ramachandrappa*: If the State Government notification merely copies the text of Section 299 BNS without explaining *how* and *why* the book outrages religious feelings, the notification is fatal on its face. Move the High Court under Section 99.