Section 96 CrPC: Application to High Court to set aside declaration of forfeiture

Code of Criminal Procedure, 1973

Section 96 CrPC at a Glance

Section 96 CrPC deals with application to High Court to set aside declaration of forfeiture. From 1 July 2024 it is replaced by Section 99 BNSS.

Now BNSS

Section 99 →

What Section 96 CrPC Says

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.

Source: Section 96, Code of Criminal Procedure, 1973

Section 96 CrPC in Simple Words

Section 96 of the Code of Criminal Procedure, 1973 deals with an application to the High Court to set aside a declaration of forfeiture made under Section 95.

Under Section 96(1) CrPC, 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 96(2) CrPC provides for a Special Bench of the High Court, Section 96(3) CrPC for a copy of a newspaper to be given in evidence, Section 96(4) CrPC for the High Court to set aside the declaration if not satisfied, and Section 96(5) CrPC for the opinion of the majority.

When Section 96 CrPC 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 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.

Time Limits Under Section 96 CrPC

  • 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 96 CrPC

A declaration of forfeiture is made under Section 95 CrPC in respect of a newspaper in which Anita has an interest. Within two months from the date of publication in the Official Gazette of the declaration, Anita 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 95(1) CrPC. 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 96 CrPC Does Not Apply

  • Section 96(1) CrPC 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 95 CrPC deals with.
  • Section 96(3) CrPC 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 96 CrPC Under BNSS 99: What Changed

Section 96 CrPC is now covered under Section 99 BNSS.

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.

View detailed comparison (CrPC 96 vs BNSS 99) →

FAQs on Section 96 CrPC

Who may apply to the High Court under Section 96(1) CrPC, 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 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.

Which Bench hears the application under Section 96(2) CrPC?▼

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 96(5) CrPC, 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 96(4) CrPC?▼

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 95(1), set aside the declaration of forfeiture.

Where is Section 96 CrPC found in the BNSS from 1 July 2024?▼

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. Section 96 CrPC refers to Section 95 CrPC where Section 99 BNSS refers to Section 98 BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·