CrPC Section 99
📖 Section 99 CrPC – Power to declare certain publications forfeited and to issue search-warrants for the same
This section gives the State Government the authority to forfeit (confiscate) certain publications if they are harmful to public order, morality, or state security.
🔹 Key Points of Section 99:
Authority:
The State Government has the power to act under this section.
Grounds for Forfeiture:
The Government may declare any book, newspaper, or document to be forfeited if it contains material that:
Promotes enmity or hatred between different classes of citizens (religious, racial, regional, etc.).
Is against national integration.
Contains matter punishable under certain sections of the Indian Penal Code (IPC) (such as sedition, obscenity, promoting communal hatred, etc.).
Declaration of Forfeiture:
The Government issues an official notification declaring the publication as forfeited.
Once declared, possession of such material becomes illegal.
Power of Search and Seizure:
Along with the declaration, the Government can authorize police officers to search for and seize all copies of such material.
Police may enter premises and take possession of these publications.
Judicial Safeguard (Section 99A–99F):
To prevent misuse, the law allows an appeal against the Government’s declaration.
Any person aggrieved (like the author, publisher, or owner) can move the High Court to challenge the forfeiture.
The High Court has the power to set aside the Government’s order if it finds it unjustified.
🔹 Purpose of Section 99:
To prevent circulation of materials that may:
Disturb public peace and order,
Incite violence or communal hatred,
Affect sovereignty and integrity of India.
At the same time, judicial review ensures freedom of speech and press is not curbed unfairly.
📌 Example Scenario:
Suppose a newspaper publishes an article inciting religious violence or spreading seditious content.
The State Government can declare that issue of the newspaper forfeited.
Police may seize all copies from printing presses, distributors, and bookshops.
The publisher, if he feels wrongly targeted, can file an appeal in High Court to set aside the forfeiture.
✅ In summary:
Section 99 CrPC empowers the State Government to declare certain publications as forfeited if they contain unlawful or harmful matter, and to authorize police seizure of such material. At the same time, it provides a legal remedy through the High Court to ensure fairness.
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