Section 99 BNSS: Application to High Court to set aside declaration of forfeiture

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 99 BNSS at a Glance

Section 99 BNSS deals with application to High Court to set aside declaration of forfeiture. It replaced Section 96 CrPC on 1 July 2024.

Was CrPC

Section 96 →

Section 99 BNSS Bare Act Text

(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.

Source: Section 99, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 99 BNSS in Simple Words

Section 99 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with an application to the High Court to set aside a declaration of forfeiture made under Section 98.

Under Section 99(1) BNSS, any person having any interest in the newspaper, book or other document may, within two months from the date of publication in the Official Gazette of such declaration, apply to the High Court to set aside the declaration.

Section 99(2) BNSS provides for a Special Bench of the High Court, Section 99(3) BNSS for a copy of a newspaper to be given in evidence, Section 99(4) BNSS for the High Court to set aside the declaration if not satisfied, and Section 99(5) BNSS for the opinion of the majority.

When Section 99 BNSS Applies

  • 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 Under Section 99 BNSS

  • 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”

Example of Section 99 BNSS

A declaration of forfeiture is made under Section 98 BNSS in respect of a newspaper in which Rahul has an interest. Within two months from the date of publication in the Official Gazette of the declaration, Rahul applies to the High Court to set aside the declaration, on the ground that the issue of the newspaper did not contain any such matter as is referred to in Section 98(1) BNSS. The High Court consists of three or more Judges, so a Special Bench composed of three Judges hears and determines the application. If the High Court is not satisfied that the issue contained any such matter, the High Court shall set aside the declaration of forfeiture.

When Section 99 BNSS Does Not Apply

  • Section 99(1) BNSS speaks of an application to the High Court to set aside a declaration of forfeiture. It does not deal with the making of the declaration of forfeiture, which Section 98 BNSS deals with.
  • Section 99(3) BNSS speaks of a copy of a newspaper being given in evidence. It does not deal with a copy of a book or other document.

Section 99 BNSS in the CrPC (Previous Law)

Section 99 BNSS replaced Section 96 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 99 BNSS

Who may apply to the High Court under Section 99(1) BNSS, and within what time?▼

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.

Which Bench hears the application under Section 99(2) BNSS?▼

Where the High Court consists of three or more Judges, the application shall be heard and determined by a Special Bench of the High Court composed of three Judges. Where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court. Under Section 99(5) BNSS, 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 shall the High Court set aside the declaration under Section 99(4) BNSS?▼

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 Section 98(1), set aside the declaration of forfeiture.

What changed from Section 96 CrPC to Section 99 BNSS from 1 July 2024?▼

Section 99 BNSS has the same heading and the same text as Section 96 CrPC, 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.

Section 99 BNSS: Sub-sections Explained

Section 99(1) BNSS: Application to High Court to set aside declaration of forfeiture

▶

Bare Act Text

(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.

Previous Law

CrPC 96 → Section 99(1) BNSS

Section 99(2) BNSS: Application to High Court to set aside declaration of forfeiture

▶

Bare Act Text

(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.

Previous Law

CrPC 96(2) → Section 99(2) BNSS

Section 99(3) BNSS: Application to High Court to set aside declaration of forfeiture

▶

Bare Act Text

(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.

Previous Law

CrPC 96(3) → Section 99(3) BNSS

Section 99(4) BNSS: Application to High Court to set aside declaration of forfeiture

▶

Bare Act Text

(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.

Previous Law

CrPC 96(4) → Section 99(4) BNSS

Section 99(5) BNSS: Application to High Court to set aside declaration of forfeiture

▶

Bare Act Text

(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.

Previous Law

CrPC 96(5) → Section 99(5) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·