Section 99 BNSS 2023 - Application to High Court to Set Aside Declaration of Forfeiture
Section 99 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides the statutory remedy for challenging a declaration of forfeiture made under Section 98 BNSS. It identifies who may apply, fixes a two-month limitation period from publication of the declaration in the Official Gazette, prescribes a Special Bench procedure, regulates evidence, and states when the High Court must set aside the forfeiture.
Current law: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act 46 of 2023. Its provisions came into force on July 1, 2024, except the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.
Text of Section 99 BNSS
99. (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.
What Section 99 BNSS Means
Section 99 is the specific High Court remedy against a declaration of forfeiture under Section 98 BNSS. A person who has an interest in the affected newspaper, book or other document may invoke this remedy on the statutory ground that the publication did not contain the kind of matter referred to in Section 98(1).
Section 98(3) makes this remedy especially important because it provides that an order passed or action taken under Section 98 cannot be questioned in any Court except in accordance with Section 99.
Who Can Apply to the High Court?
The applicant must be a person having an interest in the newspaper, book or other document in respect of which a declaration of forfeiture has been made. The wording is broader than ownership alone and focuses on whether the person has an interest in the affected publication or document.
Time Limit for Filing the Application
Limitation: The application must be made within two months from the date on which the declaration of forfeiture is published in the Official Gazette.
The statutory starting point is therefore the date of Gazette publication of the declaration. Parties considering a challenge should identify that publication date immediately because Section 99 expressly prescribes the two-month period.
Ground for Setting Aside the Declaration
The statutory challenge under Section 99(1) is based on the contention that the relevant issue of the newspaper, book or other document did not contain any matter of the kind referred to in Section 98(1) BNSS. Section 98(1), in turn, concerns matter whose publication is punishable under the BNS provisions specifically identified there.
Special Bench of the High Court
| Composition of High Court | Bench Required by Section 99(2) |
|---|---|
| High Court consisting of three or more Judges | A Special Bench composed of three Judges. |
| High Court consisting of fewer than three Judges | A Special Bench composed of all Judges of that High Court. |
Evidence Relating to a Newspaper
Where the application concerns a newspaper, Section 99(3) permits any copy of that newspaper to be given in evidence to assist in proving the nature or tendency of the words, signs or visible representations contained in the newspaper for which the forfeiture declaration was made.
When Must the High Court Set Aside the Forfeiture?
Under Section 99(4), if the High Court is not satisfied that the relevant newspaper, book or other document contained matter referred to in Section 98(1), it shall set aside the declaration of forfeiture. The use of the word "shall" makes the consequence mandatory once the statutory condition in sub-section (4) is met.
Difference of Opinion in the Special Bench
If the Judges of the Special Bench differ, Section 99(5) provides that the decision follows the opinion of the majority of the Judges forming that Bench.
Section 98 and Section 99 BNSS - How They Work Together
| Provision | Function |
|---|---|
| Section 98 BNSS | Allows the State Government, subject to the statutory conditions, to declare specified newspapers, books or documents forfeited and provides for seizure and search warrants. |
| Section 99 BNSS | Provides the High Court procedure for an interested person to seek setting aside of the declaration of forfeiture. |
Key Points under Section 99 BNSS
- The remedy is available to a person having an interest in the forfeited newspaper, book or other document.
- The application must be filed within two months from Gazette publication of the declaration.
- The challenge is heard by the Special Bench prescribed in Section 99(2).
- A newspaper copy may be used as evidence under Section 99(3).
- The High Court must set aside the declaration if it is not satisfied that the material contained matter referred to in Section 98(1).
- A difference of opinion among the Special Bench Judges is resolved by majority.
Official Legal Resources
For authoritative statutory material, refer to the India Code - Bharatiya Nagarik Suraksha Sanhita, 2023, the Ministry of Home Affairs commencement notification, and the Ministry of Home Affairs - Judicial Division.
This page is intended for general legal information. Limitation, maintainability, constitutional issues and relief may depend on the facts of a particular case. For case-specific advice, consult a qualified legal professional.