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

Code of Criminal Procedure, 1973

Section 95 CrPC at a Glance

Section 95 CrPC deals with power to declare certain publications forfeited and to issue search-warrants for the same. From 1 July 2024 it is replaced by Section 98 BNSS.

Now BNSS

Section 98 →

What Section 95 CrPC Says

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.

Source: Section 95, Code of Criminal Procedure, 1973

Section 95 CrPC in Simple Words

Section 95 of the Code of Criminal Procedure, 1973 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 124A, Section 153A, Section 153B, Section 292, Section 293 or Section 295A of the Indian Penal Code.

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 95 CrPC Applies

  • 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.
  • 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.
  • 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 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.
  • 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.

Example of Section 95 CrPC

A book appears to the State Government to contain matter the publication of which is punishable under Section 153A of the Indian Penal Code. The State Government issues a notification, stating the grounds of its opinion, declaring every copy of the book to be forfeited to Government. Meera, a police officer, finds a copy of the book in India and seizes it. A Magistrate, by warrant, authorises Kavita, a police officer not below the rank of sub-inspector, to enter upon and search a godown of Suresh where copies of the book may be reasonably suspected to be.

When Section 95 CrPC Does Not Apply

  • Section 95 CrPC 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 96 CrPC.
  • Section 95 CrPC 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 94 CrPC.

Section 95 CrPC Under BNSS 98: What Changed

Section 95 CrPC is now covered under Section 98 BNSS.

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.

View detailed comparison (CrPC 95 vs BNSS 98) →

FAQs on Section 95 CrPC

When could the State Government declare a publication forfeited under Section 95 CrPC?▼

Where any newspaper, or book, or any document, wherever printed, appeared to the State Government to contain any matter the publication of which was punishable under Section 124A, Section 153A, Section 153B, Section 292, Section 293 or Section 295A of the Indian Penal Code, the State Government could, 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 could seize forfeited copies and who could be authorised to search under Section 95 CrPC?▼

Thereupon any police officer could seize the same wherever found in India. Any Magistrate could 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 might be or might be reasonably suspected to be.

What did newspaper, book and document mean in Section 95 CrPC, and how could an order be called in question?▼

Under Section 95(2) CrPC, in Section 95 CrPC and Section 96 CrPC, newspaper and book had the same meaning as in the Press and Registration of Books Act, 1867, and document included any painting, drawing or photograph, or other visible representation. Under Section 95(3) CrPC, no order passed or action taken under Section 95 CrPC could be called in question in any Court otherwise than in accordance with the provisions of Section 96 CrPC.

Where is Section 95 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 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.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·