B.--Search-warrantsCentral

Section 95 of The Code of Criminal Procedure, 1973

(1)Where--
1. (a)any newspaper, or book, or
2. (b)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.
(2)In this section and in section 96,--
1. (a)"newspaper" and "book" have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867);
2. (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 96.

Summary

The State Government can seize all copies of a publication that insults religions or promotes communal hatred.
The government must officially announce its decision and provide the reasons for the ban.
This rule covers books, newspapers, and any other printed or visible representation like drawings.
Once a ban is declared, a Magistrate can authorize police to search any premises for the forbidden material.
The police officer conducting such a search must be at least a sub-inspector in rank.

Practical examples

1A magazine publishes a series of cartoons designed to mock a specific religion and spark unrest between communities.

2The government bans a historical book because it contains chapters that encourage citizens to rebel against the state.

FAQ

1. Who has the power to declare a book forfeited under Section 95 of the Code of Criminal Procedure, 1973?

The State Government has the power to declare every copy of a book, newspaper, or document forfeited under Section 95 of the Code of Criminal Procedure, 1973.

2. What must the government do when banning a publication under Section 95 of the Code of Criminal Procedure, 1973?

Under Section 95 of the Code of Criminal Procedure, 1973, the government must issue a notification in the Official Gazette stating the grounds for its opinion.

3. What can the police do once a publication is forfeited under Section 95 of the Code of Criminal Procedure, 1973?

Any police officer can seize the forfeited publication anywhere in India, and a Magistrate may authorize a search of premises for these items under Section 95 of the Code of Criminal Procedure, 1973.

Test yourself

Q1.Under Section 95 of the Code of Criminal Procedure, 1973, "document" includes which of the following?

Q2.For a search warrant to be issued for a forfeited book under Section 95 of the Code of Criminal Procedure, 1973, what is the minimum rank for the police officer?

Q3.Under Section 95 of the Code of Criminal Procedure, 1973, matter that insults religion is punishable under which section of the Indian Penal Code?

Q4.Where can a police officer seize a forfeited publication under Section 95 of the Code of Criminal Procedure, 1973?

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