BNSS 99 — Application to High Court to set aside declaration of forfeiture.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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.

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