Skip to main content

Code of Criminal Procedure, 1973

Section 96

Application to High Court to set aside declaration of forfeiture

Quick Answer Reference: Section 96 CrPC

  • Provision: Section 96 of CrPC
  • Act: Code of Criminal Procedure, 1973
  • Classification: criminal procedure
  • Jurisdiction: India
Statutory Content

What does Section 96 of CrPC say?

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 95, 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 95. 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. 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. 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 95, set aside the declaration of forfeiture. 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.

Indian StandardSection 96, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 96 (India)
Court Pleading StandardSection 96 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/96

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 96 CrPC

What is Section 96 of CrPC?

Section 96 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Application to High Court to set aside declaration of forfeiture". The section states: 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 95, may, within two months from...

What is the punishment under Section 96 of CrPC?

Section 96 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 96 of CrPC bailable or non-bailable?

Whether Section 96 of CrPC is bailable or non-bailable depends on the schedule classification.

Landmark Case Laws

Landmark Judgments under Section 96 CrPC

1978 1 SCC 248

Supreme Court of India

2014 8 SCC 273

Supreme Court of India

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Commonly Cited Alongside

Sections commonly cited alongside Section 96