CrPC 96 — Application to High Court to set aside declaration of forfeiture

Code of Criminal Procedure, 1973

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 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.

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