What is Application to High Court to set aside declaration of forfeiture? Section 96 of Code of Criminal Procedure 1973

Application to High Court to set aside declaration of forfeiture is defined under Section 96 of CRPC 1973. Provision under this section is:

 

Section 96 of CRPC "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

COMPEL PRODUCTION OF THINGS

Section 91 and 92 of Code of Criminal Procedure 1973 - What is summon to produce document or other thing? What is procedure as to letters and telegrams

Section 93 of Code of Criminal Procedure 1973 - When Search Warrant is to be issued?

Section 94 of Code of Criminal Procedure 1973 - What is Search of place suspected to contain stolen property forged documents etc

Section 95 of Code of Criminal Procedure 1973 - What is Power to declare certain publications forfeited and to issue search-warrants for the same?

Section 96 of Code of Criminal Procedure 1973 - What is Application to High Court to set aside declaration of forfeiture?

Section 97 and 98 of Code of Criminal Procedure 1973 - What is search for person wrongfully confined? What is power to compel restoration of abducted females?

Section 99, 100 and 101 of Code of Criminal Procedure 1973 - What is Direction, etc., of search-warrants? What is the responsibility of Persons in charge of closed place to allow search? What is Disposal of things found in search beyond jurisdiction?

Section 102, 103, 104 and 105 of Code of Criminal Procedure 1973 - What is Power of police officer to seize certain property? What is Magistrate may direct search in his presence? What is Power to impound document, etc., produced? What is Reciprocal arrangements regarding processes?