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Section 96 — Application to High Court to set aside declaration of forfeiture
96
96
Application to High Court to set aside declaration of forfeiture
Code of Criminal Procedure, 1973
Chapter VII Processes to Compel The Production of Things
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Freedom Of SpeechLegal ProcessHigh CourtForfeitureProcedural
🗣️ Simple Explanation
What does this law say? Section 96 of the CrPC lets you ask the High Court to cancel a government order. This order is called a 'declaration of forfeiture'. It happens when the government thinks a newspaper, book, or document has bad content.
Why does this law exist? It ensures fairness. It gives people a chance to challenge the government's decision. It protects freedom of speech and expression.
Real-life impact If the government seizes your book, you can go to court. The court will decide if the government was right. This protects your rights.
What happens if you break this law? This section is about the process. It doesn't have a punishment. It explains how to challenge a government order.
💡 Real Life Example

A publisher, Amit, has his book declared forfeited by the government. He believes the government is wrong. He can use Section 96 to challenge the decision in High Court. The High Court will review the case. The court can then set aside the government's order.

Sneha's newspaper is declared forfeited. She believes it's unfair. She can apply to the High Court. The court will decide if the government was right. If the court agrees with Sneha, the forfeiture will be cancelled.

🛡️ KNOW YOUR RIGHTS
  • •Apply to the High Court if your book is seized.
  • •Understand the reasons for the government's action.
  • •Gather evidence to support your case.
  • •Seek legal advice from a lawyer.
  • •Appeal to a higher court if needed.
❓ FREQUENTLY ASKED QUESTIONS
Section 96 of the CrPC allows people to challenge a government order. This order is called a 'declaration of forfeiture'. It happens when the government thinks a newspaper, book, or document has bad content. You can ask the High Court to cancel this order. The court will then review the case and make a decision.
Section 96 itself doesn't have a punishment. It's about the process of challenging a government order. If you are successful in your challenge, the government's order may be cancelled. If you are not successful, the order will remain in effect. This section focuses on your right to appeal.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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