VoxJuris
Home › Acts › BNSS › Chapter VII › Section 98

Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter VII: Processes to Compel the Production of Things · B.—Search-warrants

Section 98: Power to declare certain publications forfeited and to issue search-warrants for same

Earlier law: CrPC section 95 (Power to declare certain publications forfeited and to issue search-warrants for the same)

In plain words

If a newspaper, book or other document, wherever printed, appears to the State Government to contain matter punishable under sections 152, 196, 197, 294, 295 or 299 of the Bharatiya Nyaya Sanhita, 2023, the government can declare all copies forfeited by notification, giving its grounds. Police can then seize copies anywhere in India, and a Magistrate can authorise a sub-inspector or above to search premises.

  • "Document" includes paintings, drawings, photographs and other visible representations.
  • The forfeiture can only be challenged under section 99.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official 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 (45 of 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 (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 99.

Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the section 98

No Supreme Court judgment in our database cites this section yet.