CrPC 95→BNSS 98

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

Section 95 CrPC (1973) replaced by Section 98 BNSS (2023)

View CrPC Section 95 →View BNSS Section 98 →

CrPC 95 to BNSS 98 at a Glance

Section 95 CrPC (Power to declare certain publications forfeited and to issue search-warrants for the same) is now Section 98 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 95 to BNSS 98?

Section 98(1) BNSS refers to Section 152, Section 196, Section 197, Section 294, Section 295 or Section 299 of the Bharatiya Nyaya Sanhita, 2023 where Section 95(1) CrPC referred to Section 124A, Section 153A, Section 153B, Section 292, Section 293 or Section 295A of the Indian Penal Code. Section 98(2) BNSS and Section 98(3) BNSS refer to Section 99 BNSS where Section 95(2) CrPC and Section 95(3) CrPC referred to Section 96 CrPC. The rest of Section 98 BNSS reads the same as Section 95 CrPC.

CrPC 95 vs BNSS 98: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section9598
HeadingPower to declare certain publications forfeited and to issue search-warrants for the samePower to declare certain publications forfeited and to issue search-warrants for same
Sub-sections3 sub-sectionsSame
Cross-referencess.96s.99

CrPC 95 and BNSS 98: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 95, CrPC 1973

95. Power to declare certain publications forfeited and to issue search-warrants for the same.—(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 2023 (in force)

Section 98, BNSS 2023

98. Power to declare certain publications forfeited and to issue search-warrants for same.—(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 99.

When It Applies: CrPC 95 vs BNSS 98

Under CrPC 95
  1. Under Section 95(1) CrPC, 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.
  2. The matter must be matter the publication of which is punishable under Section 124A, Section 153A, Section 153B, Section 292, Section 293 or Section 295A of the Indian Penal Code, and it must so appear to the State Government.
  3. Thereupon any police officer may seize the same wherever found in India.
  4. 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.
  5. Under Section 95(2) CrPC, in Section 95 CrPC and Section 96 CrPC, newspaper and book have the same meaning as in the Press and Registration of Books Act, 1867, and document includes any painting, drawing or photograph, or other visible representation.
  6. Under Section 95(3) CrPC, no order passed or action taken under Section 95 CrPC shall be called in question in any Court otherwise than in accordance with the provisions of Section 96 CrPC.
Under BNSS 98
  1. Under Section 98(1) BNSS, 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.
  2. The matter must be matter the publication of which is punishable under Section 152, Section 196, Section 197, Section 294, Section 295 or Section 299 of the Bharatiya Nyaya Sanhita, 2023, and it must so appear to the State Government.
  3. Thereupon any police officer may seize the same wherever found in India.
  4. 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.
  5. Under Section 98(2) BNSS, in Section 98 BNSS and Section 99 BNSS, newspaper and book have the same meanings as in the Press and Registration of Books Act, 1867, and document includes any painting, drawing or photograph, or other visible representation.
  6. Under Section 98(3) BNSS, no order passed or action taken under Section 98 BNSS shall be called in question in any Court otherwise than in accordance with the provisions of Section 99 BNSS.

What CrPC 95 to BNSS 98 Means in Practice

From 1 July 2024, the power of the State Government to declare certain publications forfeited by notification is in Section 98 BNSS in place of Section 95 CrPC. Section 98(1) BNSS names Section 152, Section 196, Section 197, Section 294, Section 295 and Section 299 of the Bharatiya Nyaya Sanhita, 2023, and Section 98(3) BNSS refers to Section 99 BNSS.

FAQs: CrPC 95 to BNSS 98

Where is Section 95 CrPC found from 1 July 2024?▼

Section 95(1) CrPC is found in Section 98(1) BNSS, Section 95(2) CrPC in Section 98(2) BNSS and Section 95(3) CrPC in Section 98(3) BNSS.

How do the offence references in Section 98(1) BNSS differ from Section 95(1) CrPC?▼

Section 95(1) CrPC referred to matter the publication of which is punishable under Section 124A, Section 153A, Section 153B, Section 292, Section 293 or Section 295A of the Indian Penal Code. Section 98(1) BNSS refers to matter the publication of which is punishable under Section 152, Section 196, Section 197, Section 294, Section 295 or Section 299 of the Bharatiya Nyaya Sanhita, 2023.

How do the cross-references in Section 98(2) BNSS and Section 98(3) BNSS differ from Section 95 CrPC?▼

Section 98(2) BNSS and Section 98(3) BNSS refer to Section 99 BNSS. Section 95(2) CrPC and Section 95(3) CrPC referred to Section 96 CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·