CrPC 96 to BNSS 99: Application to High Court to set aside declaration of forfeiture
Section 96 CrPC (1973) replaced by Section 99 BNSS (2023)
CrPC 96 to BNSS 99 at a Glance
Section 96 CrPC (Application to High Court to set aside declaration of forfeiture) is now Section 99 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 96 to BNSS 99?
Section 96 CrPC became Section 99 BNSS from 1 July 2024. Both have the same heading and the same text, with renumbered cross-references. Section 99(1) BNSS and Section 99(4) BNSS refer to Section 98 BNSS where Section 96(1) CrPC and Section 96(4) CrPC referred to Section 95 CrPC. The period of two months and the Special Bench of three Judges are in the same words.
CrPC 96 vs BNSS 99: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 96 | 99 |
| Heading | Application to High Court to set aside declaration of forfeiture | Same |
| Sub-sections | 5 sub-sections | Same |
| Cross-references | s.95 | s.98 |
CrPC 96 and BNSS 99: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 96, CrPC 1973
96. Application to High Court to set aside declaration of forfeiture.—(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.
BNSS 2023 (in force)
Section 99, BNSS 2023
99. Application to High Court to set aside declaration of forfeiture.—(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 98, 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 98.
(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 98, 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.
When It Applies: CrPC 96 vs BNSS 99
Under CrPC 96
- 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 apply to the High Court to set aside the declaration.
- The application is on the ground that the issue of the newspaper, or the book or other document, did not contain any such matter as is referred to in Section 95(1).
- Where the High Court consists of three or more Judges, the application shall be heard and determined by a Special Bench composed of three Judges.
- On the hearing, any copy of the 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 it.
- 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.
Under BNSS 99
- 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 98, may apply to the High Court to set aside the declaration.
- The application is on the ground that the issue of the newspaper, or the book or other document, did not contain any such matter as is referred to in Section 98(1).
- Where the High Court consists of three or more Judges, the application shall be heard and determined by a Special Bench composed of three Judges.
- On the hearing, any copy of the 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 it.
- 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.
Time Limits: CrPC 96 to BNSS 99
Under CrPC 96
- The application is made within two months from the date of publication in the Official Gazette of the declaration.Act text: “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”
Under BNSS 99
- The application is made within two months from the date of publication in the Official Gazette of the declaration.Act text: “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”
What CrPC 96 to BNSS 99 Means in Practice
From 1 July 2024, an application to the High Court to set aside a declaration of forfeiture is dealt with in Section 99 BNSS where Section 96 CrPC dealt with it. The declaration of forfeiture is the one made under Section 98 BNSS where it was made under Section 95 CrPC.
FAQs: CrPC 96 to BNSS 99
Where is Section 96 CrPC found in the BNSS?▼
Section 96(1) CrPC is found in Section 99(1) BNSS, Section 96(2) CrPC in Section 99(2) BNSS, Section 96(3) CrPC in Section 99(3) BNSS, Section 96(4) CrPC in Section 99(4) BNSS and Section 96(5) CrPC in Section 99(5) BNSS.
Which cross-references are renumbered in Section 99 BNSS?▼
Section 99(1) BNSS refers to Section 98 BNSS where Section 96(1) CrPC referred to Section 95 CrPC, and to Section 98(1) BNSS where Section 96(1) CrPC referred to Section 95(1) CrPC. Section 99(4) BNSS refers to Section 98(1) BNSS where Section 96(4) CrPC referred to Section 95(1) CrPC.
Is the period of two months different in Section 99 BNSS?▼
No. Section 99(1) BNSS has the same period of two months from the date of publication in the Official Gazette as Section 96(1) 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: 22 Oct 2026 ·