Power to declare certain publications forfeited and to issue searchwarrants for same
AI Assist
Summary
State Government can declare any newspaper issue, book or printed document forfeited if it appears to contain matter punishable under certain criminal offences. It must issue a notification stating the grounds. After that police may seize copies anywhere in India and a magistrate may issue a warrant authorising a police officer not below sub-inspector to search premises. Challenges to such orders are allowed only by the special procedure provided in the Act.
Example
Priya runs a small weekly newspaper. One issue carries an article that falls within the listed punishable offences. The State Government issues a notification declaring all copies of that issue forfeited; police seize the remaining copies and a magistrate grants a warrant authorising a sub-inspector to search Priya's office.
Bare Act
Enacted text(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 152 or section 196 or section 197 or section 294 or section 295 or section 299 of the Bharatiya Nyaya Sanhita, 2023, 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 99,-
-
(a) "newspaper" and "book" have the same meanings as in the Press and Registration of Books Act, 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 99.
Previous year papers
Pick your exam. we'll email the most recent paper.