Code
(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.
Explanation
This section empowers a Magistrate to seize any publication that is deemed to be:
- Defamatory
- Seditious
- Obscene
- Incite to any offense
- Promote disharmony or hatred
The Magistrate can also issue a search warrant to search for such publications. This power is vested in a Magistrate to prevent the spread of harmful or illegal content through publications.
Illustration
Imagine a newspaper publishes an article that incites violence against a particular community. The Magistrate, upon receiving a complaint, can use Section 95 to:
- Seize all copies of the newspaper containing the article.
- Issue a search warrant to the police to search the newspaper office for any remaining copies.
Common Questions and Answers
Q: Who can apply for a search warrant under Section 95?
A: Any person can apply to the Magistrate.
Q: What are the grounds for issuing a search warrant?
A: The Magistrate must be satisfied that the publication is likely to fall under the categories mentioned in the section (defamatory, seditious, etc.).
Q: What happens to the seized publications?
A: The Magistrate may order the destruction of the seized publications or may release them under certain conditions.
