Section 99 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Application To High Court To Set Aside Declaration Of Forfeiture.

Code: Section 99 BNSS

(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.

Explanation of Section 99 BNSS

Purpose of Section 99 BNSS:

• Protects press freedom by allowing newspapers, publishers, and authors to challenge forfeiture orders.
• Ensures that forfeiture is reviewed by a Special Bench of the High Court, preventing misuse of power.
• Allows publishers to prove that their material does not violate laws related to sedition, obscenity, defamation, or religious disharmony.

Key Provisions:

1. Who Can File an Appeal?

   • Any person with an interest in the forfeited newspaper, book, or document.
   • This includes publishers, editors, authors, distributors, and owners.

2. Where to File an Appeal?

   • High Court of the jurisdiction where the forfeiture was ordered.

3. Time Limit for Appeal:

   • Must be filed within two months of the official forfeiture notice in the Gazette.

4. What Happens During the Appeal?

   • Copies of the newspaper, book, or document can be presented in court as evidence.
   • The High Court will review the content and decide if the forfeiture was justified.

5. What If the Court Finds the Material Is Not Illegal?

   • The forfeiture will be canceled.
   • The seized copies must be returned, and distribution can continue.

6. How Is the Final Decision Made?

   • If the judges on the Special Bench disagree, the decision will be made based on the majority opinion.

Illustration of Section 99 BNSS

Example 1: Newspaper Challenging Forfeiture

A newspaper publishes a political editorial that criticizes the government. The State Government declares forfeiture under Section 98 BNSS, claiming it contains seditious content.
The newspaper’s editor files an appeal in the High Court under Section 99 BNSS within two months.
The High Court reviews the content and finds it does not incite violence.
The forfeiture is revoked, and the newspaper can continue circulation.

Example 2: Author Fighting Censorship

A book on social issues is forfeited under Section 98 BNSS for allegedly hurting religious sentiments.
The author and publisher file an appeal in the High Court.
The Special Bench reviews the content and finds that the book is a neutral academic analysis.
The forfeiture is set aside, and the book is allowed for sale.

Example 3: Majority Decision in Court

A political pamphlet is seized under Section 98 BNSS for allegedly spreading false information.
The publisher appeals under Section 99 BNSS.
The Special Bench of three judges hears the case:

• One judge believes the content is false and defamatory.
• Two judges find it is merely political criticism and does not violate the law.
• Since the majority (2 out of 3) disagree with forfeiture, the appeal is allowed, and the pamphlet is restored.

Common Questions and Answers on Section 99 BNSS

1. Who can file an appeal under Section 99 BNSS?

• Any person with an interest in the forfeited material, including:
  • Newspaper owners, editors, and journalists
  • Book publishers and authors
  • Printers and distributors

2. What is the deadline for filing an appeal?

• The appeal must be filed within two months from the date the forfeiture notice is published in the Official Gazette.

3. Where can an appeal be filed?

• The High Court of the state where the forfeiture order was issued.

4. How does the High Court decide the case?

• A Special Bench of at least three judges will review the content of the forfeited material.
• If the High Court finds no violation, it will cancel the forfeiture.

5. What happens if the judges on the Bench disagree?

• The majority opinion will decide the outcome.

6. Can the forfeited materials be returned?

• Yes, if the High Court sets aside the forfeiture, all seized copies must be returned to the owner.

Conclusion

Section 99 BNSS provides a legal remedy for wrongful forfeiture of newspapers, books, and documents.
It ensures press freedom, protects publishers’ rights, and prevents misuse of censorship laws.

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