Section 99 BNSS: Application to High Court to set aside declaration of forfeiture (Formerly Section 96 CrPC)

Section 99 of Bharatiya Nagarik Suraksha Sanhita, 2023: Application to High Court to set aside declaration of forfeiture

Official Bare Act Text

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

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b)

Legal Commentary & Landmark Judgments: Section 99

Section 99 provides the statutory remedy of applying to the High Court to set aside a declaration of forfeiture made under Section 98, requiring adjudication by a Special Bench of three Judges.

Application to High Court: Any person having an interest in the publication may apply within two months from publication in Official Gazette.
Special Bench Requirement: Heard and determined by a Special Bench of the High Court composed of three Judges (or all Judges if High Court consists of fewer than three).
Ground of Relief: Appellant must prove that the matter did not contain any such violation as alleged in the Section 98 order.

Key Landmark Precedents:

Baragur Ramachandrappa v. State of Karnataka (2007) 5 SCC 11: The Supreme Court affirmed the primacy of the Special Bench under Section 96 CrPC (Section 99 BNSS) in safeguarding freedom of speech and press against arbitrary state censorship.
Gopal Vinayak Godse v. Union of India AIR 1971 Bom 56: The 3-Judge Special Bench set aside the ban on a historical book, holding that objective historical analysis cannot be suppressed under the guise of outraging religious feelings.
S. Rangarajan v. P. Jagjivan Ram (1989) 2 SCC 574: Affirmed that freedom of expression cannot be held hostage to intolerance or hypothetical law and order threats.

Courtroom Practice & Strategic Litigation Guidance:

File the petition before the High Court within the strict 60-day window from the gazette date. Under *Gopal Godse*, argue that scholarly research, comparative history, or theological debate is constitutionally protected under Article 19(1)(a).