Section 96 of The Code of Criminal Procedure, 1973
- (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 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.
- (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 95, 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.
Summary
- A person with an interest in a forfeited publication can ask the High Court to cancel the order.
- This application must be filed within two months of the declaration being published.
- If the High Court has three or more judges, the case must be heard by a Special Bench of three judges.
- If the High Court is not convinced that the material was actually illegal, it must cancel the forfeiture.
Practical examples
FAQ
1. How much time is allowed to challenge a publication ban under Section 96 of the Code of Criminal Procedure, 1973?
Any person having an interest in the publication has two months from the date of the forfeiture declaration in the Official Gazette to apply to the High Court under Section 96 of the Code of Criminal Procedure, 1973.
2. Who hears an application to set aside a forfeiture under Section 96 of the Code of Criminal Procedure, 1973?
Under Section 96 of the Code of Criminal Procedure, 1973, a Special Bench of three High Court judges (or all judges if there are fewer than three) hears the application.
3. Can the banned newspaper itself be used as evidence during the hearing under Section 96 of the Code of Criminal Procedure, 1973?
Yes, under Section 96 of the Code of Criminal Procedure, 1973, any copy of the newspaper may be given in evidence to prove its nature or tendency.
Test yourself
Q1.If a High Court Bench is divided in opinion during a hearing under Section 96 of the Code of Criminal Procedure, 1973, how is the decision made?
Q2.Under Section 96 of the Code of Criminal Procedure, 1973, on what grounds can a person apply to set aside a forfeiture made under Section 95?
Q3.A person wishing to challenge a forfeiture order under Section 96 of the Code of Criminal Procedure, 1973 must apply to which court?
Q4.What is the mandatory bench size for a High Court with 5 judges hearing an application under Section 96 of the Code of Criminal Procedure, 1973?