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 152 or section 196 or section 197 or section 294 or section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023 (45 of 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 (25 of 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.
Bharatiya Nagarik Suraksha Sanhita
Section 98
Power to declare certain publications forfeited and to issue search-warrants for
⚡ Quick Answer Reference: Section 98 BNSS
- Provision: Section 98 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: The State Government can declare certain publications, like newspapers or books, as forfeited if they contain material that is punishable under specific sections of the Bharatiya Nyaya Sanhita. This means that the government can seize copies of these publications and search for them in any premises where they might be found.
What does Section 98 of BNSS say?
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What does Section 98 of BNSS mean?
Plain English Explanation
The State Government can declare certain publications, like newspapers or books, as forfeited if they contain material that is punishable under specific sections of the Bharatiya Nyaya Sanhita. This means that the government can seize copies of these publications and search for them in any premises where they might be found.
Practical Interpretation
In real practice, this section allows the State Government to take action against publications that contain objectionable content. A police officer can seize the publications and search for them in any premises where they might be found, with the permission of a Magistrate.
Core Legal Purpose
The core purpose of this section is to empower the State Government to take action against publications that contain material that is punishable under specific sections of the Bharatiya Nyaya Sanhita. This is to prevent the spread of objectionable content and maintain public order.
- •The publication must contain matter that 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.
- •The State Government must declare the publication as forfeited by notification, stating the grounds of its opinion.
- •The publication must be a newspaper, book, or document that is printed.
- •The search and seizure must be carried out by a police officer not below the rank of sub-inspector, with the permission of a Magistrate.
Practical Example of Section 98 BNSS
Rajesh publishes a newspaper that contains an article that is punishable under section 295 of the Bharatiya Nyaya Sanhita. The State Government declares the entire issue of the newspaper as forfeited and notifies the grounds of its opinion. A police officer not below the rank of sub-inspector is authorized by a Magistrate to search for and seize the copies of the newspaper in any premises where they might be found.
Frequently Asked Questions about Section 98 BNSS
Q: What is the punishment or consequence under Section 98 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. The consequence is the seizure of the publication and the search for it in any premises where it might be found.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it empowers the State Government to take action against any publication that contains objectionable content.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment. Therefore, it is not applicable to determine whether the offence is bailable or cognizable.
Common Questions about Section 98 BNSS
What is Section 98 of BNSS?
Section 98 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power to declare certain publications forfeited and to issue search-warrants for". In plain terms: The State Government can declare certain publications, like newspapers or books, as forfeited if they contain material that is punishable under specific sections of the Bharatiya Nyaya Sanhita. This means that the government can seize copies of these publications and search for them in any premises where they might be found.
What is the punishment under Section 98 of BNSS?
Section 98 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 98 of BNSS bailable or non-bailable?
Whether Section 98 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 98 of BNSS?
The essential elements of Section 98 of BNSS are: The publication must contain matter that 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.; The State Government must declare the publication as forfeited by notification, stating the grounds of its opinion.; The publication must be a newspaper, book, or document that is printed..
Landmark Judgments under Section 98 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 98
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