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

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 98 BNSS at a Glance

Section 98 BNSS deals with power to declare certain publications forfeited and to issue search-warrants for same. It replaced Section 95 CrPC on 1 July 2024.

Was CrPC

Section 95 →

Section 98 BNSS Bare Act Text

(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.

Source: Section 98, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 98 BNSS in Simple Words

Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies where any newspaper, or book, or any document, wherever printed, appears to the State Government to contain any 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.

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.

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.

When Section 98 BNSS Applies

  • 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.
  • 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.
  • Thereupon any police officer may seize the same wherever found in India.
  • 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.
  • 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.
  • 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.

Example of Section 98 BNSS

A book appears to the State Government to contain matter the publication of which is punishable under Section 196 of the Bharatiya Nyaya Sanhita, 2023. The State Government issues a notification, stating the grounds of its opinion, declaring every copy of the book to be forfeited to Government. Priya, a police officer, finds a copy of the book in India and seizes it. A Magistrate, by warrant, authorises Anita, a police officer not below the rank of sub-inspector, to enter upon and search a godown of Deepak where copies of the book may be reasonably suspected to be.

When Section 98 BNSS Does Not Apply

  • Section 98 BNSS speaks of a declaration of forfeiture by the State Government. It does not deal with an application to the High Court to set aside a declaration of forfeiture, the subject of Section 99 BNSS.
  • Section 98 BNSS speaks of a warrant to search for forfeited copies in any premises. It does not deal with the search of a place suspected to contain stolen property, forged documents, etc, the subject of Section 97 BNSS.

Section 98 BNSS in the CrPC (Previous Law)

Section 98 BNSS replaced Section 95 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 98 BNSS

When may the State Government declare a publication forfeited under Section 98 BNSS?▼

Where any newspaper, or book, or any document, wherever printed, appears to the State Government to contain any 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, 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.

Who may seize forfeited copies and who may be authorised to search under Section 98 BNSS?▼

Thereupon any police officer may seize the same wherever found in India. 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.

What do newspaper, book and document mean in Section 98 BNSS, and how may an order be called in question?▼

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. 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 changed from Section 95 CrPC to Section 98 BNSS from 1 July 2024?▼

From 1 July 2024, Section 98 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 95 of the Code of Criminal Procedure, 1973. 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 refers to Section 99 BNSS where Section 95(2) CrPC referred to Section 96 CrPC. Section 98(3) BNSS refers to Section 99 BNSS where Section 95(3) CrPC referred to Section 96 CrPC. The rest of Section 98 BNSS reads the same as Section 95 CrPC.

Section 98 BNSS: Sub-sections Explained

Section 98(1) BNSS: Power to declare certain publications forfeited and to issue search-warrants for the same

▶

Bare Act Text

(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.

Previous Law

CrPC 95 → Section 98(1) BNSS

Section 98(2) BNSS: Power to declare certain publications forfeited and to issue search-warrants for the same

▶

Bare Act Text

(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.

Previous Law

CrPC 95(2) → Section 98(2) BNSS

Section 98(3) BNSS: Power to declare certain publications forfeited and to issue search-warrants for the same

▶

Bare Act Text

(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.

Previous Law

CrPC 95(3) → Section 98(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·