CrPC Section 95 is now BNSS 98: Power to declare certain publications forfeited and to issue search-warrants for the same

Code of Criminal Procedure, 1973 · applies to offences and proceedings before 1 July 2024

ChangedCrPC 95 → BNSS 98

BPR&D's comparison records a change. Read what changed before relying on the old wording.

What changed, per BPR&D: BNS sections replace corresponding IPC Sections.

Printed in both official correspondence tables (BPR&D and NCRB).

CrPC 95: Power to declare certain publications forfeited and to issue search-warrants for the same

Before 1 July 2024

(1) Where—

(a) any newspaper, or book, or

(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,—

(a) “newspaper” and “book” have the same meaning as in the Press and Registration of Books Act, 1867 (25 of 1867);

(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.

BNSS 98: Power to declare certain publications forfeited and to issue search-warrants for same

From 1 July 2024

(1) Where—

(a) any newspaper, or book; or

(b) any document, wherever printed, appears to the State Government to contain any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 294 or section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023, 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 99,—

(a) "newspaper" and "book" have the same meanings as in the Press and Registration of Books Act, 1867;

(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

Everything BNSS 98 replaced →

Which one applies

Procedure follows the proceeding. Under section 531(2)(a) of the BNSS, an appeal, application, trial, inquiry or investigation already pending on 1 July 2024 continues under the CrPC; one begun on or after that date proceeds under the BNSS.

Read BNSS section 531 →

Judgments decided under CrPC 95

They remain the law on CrPC 95. Where the provision changed in the move, read what changed before relying on one for an offence after 1 July 2024.

Sources

BPR&D is the Bureau of Police Research & Development (Ministry of Home Affairs); NCRB the National Crime Records Bureau. Their correspondence tables are training aids, not law. This page is general information, not legal advice on any case; the bare Acts as published by the Government of India are the authority.