(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.
Bharatiya Nagarik Suraksha Sanhita
Section 99
Application to High Court to set aside declaration of forfeiture
⚡ Quick Answer Reference: Section 99 BNSS
- Provision: Section 99 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: PROCESSES TO COMPEL THE PRODUCTION OF THINGS
- Jurisdiction: India
- Summary: If a newspaper, book, or document is declared forfeit under Section 98, the person with an interest in it can apply to the High Court to set aside the declaration within two months. The High Court will review the case and set aside the declaration if it finds that the publication did not contain the matter that led to the declaration.
What does Section 99 of BNSS say?
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What does Section 99 of BNSS mean?
Plain English Explanation
If a newspaper, book, or document is declared forfeit under Section 98, the person with an interest in it can apply to the High Court to set aside the declaration within two months. The High Court will review the case and set aside the declaration if it finds that the publication did not contain the matter that led to the declaration.
Practical Interpretation
This section provides a procedural mechanism for challenging a declaration of forfeiture made under Section 98. The applicant must demonstrate that the publication did not contain the offending matter. The High Court will review the evidence and make a decision.
Core Legal Purpose
The core purpose of this section is to provide a safeguard against unjust declarations of forfeiture. It ensures that the High Court reviews the case and makes a decision based on the evidence, rather than relying solely on the declaration made under Section 98.
- •The applicant must have an interest in the newspaper, book, or document.
- •The declaration of forfeiture must have been made under Section 98.
- •The applicant must apply to the High Court within two months from the date of publication of the declaration.
- •The High Court must be satisfied that the publication did not contain the matter that led to the declaration.
Practical Example of Section 99 BNSS
Rajesh, a journalist, publishes an article in his newspaper that is declared forfeit under Section 98. The declaration is published in the Official Gazette. Rajesh believes that the article did not contain the offending matter and applies to the High Court to set aside the declaration within two months. The High Court reviews the evidence and finds that the article did not contain the matter that led to the declaration. The High Court sets aside the declaration of forfeiture.
Frequently Asked Questions about Section 99 BNSS
Q: What is the punishment or consequence under Section 99 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to any person with an interest in the newspaper, book, or document, including private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.
Common Questions about Section 99 BNSS
What is Section 99 of BNSS?
Section 99 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Application to High Court to set aside declaration of forfeiture". In plain terms: If a newspaper, book, or document is declared forfeit under Section 98, the person with an interest in it can apply to the High Court to set aside the declaration within two months. The High Court will review the case and set aside the declaration if it finds that the publication did not contain the matter that led to the declaration.
What is the punishment under Section 99 of BNSS?
Section 99 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 99 of BNSS bailable or non-bailable?
Whether Section 99 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 99 of BNSS?
The essential elements of Section 99 of BNSS are: The applicant must have an interest in the newspaper, book, or document.; The declaration of forfeiture must have been made under Section 98.; The applicant must apply to the High Court within two months from the date of publication of the declaration..
Landmark Judgments under Section 99 BNSS
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Sections commonly cited alongside Section 99
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