Where— any newspaper, or book, or any document, Wherever printed appears to the State Government to contain any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code (45 of 1860), 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. In this section and in section 96; “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867); “document” includes any painting, drawing or photograph, or other visible representation. 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 96.
Code of Criminal Procedure, 1973
Section 95
Power to declare certain publications forfeited and to issue search-warrants for the same
⚡ Quick Answer Reference: Section 95 CrPC
- Provision: Section 95 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section allows the State Government to declare certain publications, such as newspapers, books, or documents, as forfeited to the government if they contain matter that is punishable under specific sections of the Indian Penal Code. The government can then seize these publications and search for them in any premises where they may be found.
What does Section 95 of CrPC say?
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What does Section 95 of CrPC mean?
Plain English Explanation
This section allows the State Government to declare certain publications, such as newspapers, books, or documents, as forfeited to the government if they contain matter that is punishable under specific sections of the Indian Penal Code. The government can then seize these publications and search for them in any premises where they may be found.
Practical Interpretation
In practice, this section is used to seize and confiscate publications that contain hate speech, obscenity, or other material that is deemed to be a threat to public order or morality. The State Government has the power to declare these publications as forfeited, and police officers can then search for and seize them.
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 the Indian Penal Code. This section is designed to protect public order and morality by allowing the government to seize and confiscate such publications.
- •The publication must contain matter that is punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code.
- •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 and appears to contain the punishable matter.
- •The search and seizure of the publication must be carried out by a police officer not below the rank of sub-inspector, who may enter upon and search any premises where the publication may be found.
Practical Example of Section 95 CrPC
Rajesh publishes a newspaper that contains an article that is deemed to be hate speech under section 153A of the Indian Penal Code. The State Government declares the entire issue of the newspaper as forfeited, citing the article as the reason. A police officer is authorized to search for and seize all copies of the newspaper, and he finds several copies in a storage room. The officer seizes the copies and hands them over to the government.
Frequently Asked Questions about Section 95 CrPC
Q: What is the punishment or consequence under Section 95 of CrPC?
This section is a procedural provision and does not prescribe a penal punishment. It allows the State Government to declare publications as forfeited and seize them, but it does not specify any punishment for the publication or its authors.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it allows the State Government to declare any publication as forfeited, regardless of who published it.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not create any offence. It is not bailable or cognizable, as it does not prescribe any punishment or create any criminal liability.
Common Questions about Section 95 CrPC
What is Section 95 of CrPC?
Section 95 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Power to declare certain publications forfeited and to issue search-warrants for the same". In plain terms: This section allows the State Government to declare certain publications, such as newspapers, books, or documents, as forfeited to the government if they contain matter that is punishable under specific sections of the Indian Penal Code. The government can then seize these publications and search for them in any premises where they may be found.
What is the punishment under Section 95 of CrPC?
Section 95 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 95 of CrPC bailable or non-bailable?
Whether Section 95 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 95 of CrPC?
The essential elements of Section 95 of CrPC are: The publication must contain matter that is punishable under section 124A or section 153A or section 153B or section 292 or section 293 or section 295A of the Indian Penal Code.; 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 and appears to contain the punishable matter..
Landmark Judgments under Section 95 CrPC
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 95
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