Section 98 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023

Learn about Section 98 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023—its provisions, powers to forfeit publications, applicable offences, definitions, and recent cases like the J&K Government’s ban on 25 books.

Table of Contents

The Jammu & Kashmir Government recently declared 25 books authored by notable personalities like Arundhati Roy and A.G. Noorani as “forfeited” under Section 98 of the BNSS Act, 2023. These publications were alleged to promote secessionist ideologies and false narratives. This move highlights the government’s authority to restrict certain publications deemed harmful to public order or national security.

What is Section 98 of the BNSS?

Section 98 grants State Governments the power to forfeit certain publications and issue search warrants if they believe the material violates specific provisions of the Bharatiya Nyaya Sanhita (BNS), 2023.

Key Provisions of Section 98

1. Government Power to Forfeit Publications

If the State Government believes that a newspaper, book, or document contains content punishable under any of the following BNS sections, it can:

Issue a notification stating the reasons for forfeiture.
Declare all copies of the publication forfeited to the Government.

2. Applicable Offences Under the BNS

BNS Section	Offence Description	Earlier IPC Equivalent
152	Promoting enmity between different groups on religious, racial, regional, or linguistic grounds; acts prejudicial to harmony.	153A
196	Sedition – acts bringing hatred or contempt against the Government of India.	124A
197	Waging or attempting to wage war, or abetting war, against the Government of India.	121
294	Obscene acts and songs in or near public places.	294
295	Injuring or defiling a place of worship with intent to insult religion.	295
299	Making statements, rumours, or reports to cause public mischief.	505

3. Definitions (as per Press and Registration of Books Act, 1867)

Newspaper: Any printed periodical work containing public news or comments on public news.
Book: Any volume, part, or division of a volume, including pamphlets and maps.
Document: Includes:
- Paintings
- Drawings
- Photographs
- Any visible representation

4. Legal Protection

Orders under Section 98 cannot be challenged in court except through the appeal procedure in Section 99 of the BNSS.

Why is Section 98 Important?

Prevents dissemination of material that could incite violence, hatred, or sedition.
Protects public order and national integrity.
Acts as a legal safeguard against the spread of obscene, inflammatory, or communal content.

Criticism & Concerns

Free Speech Debate: Critics argue it may be misused to suppress dissent or academic works.
Broad Interpretation Risk: The terms “promoting enmity” or “public mischief” could be interpreted widely, affecting legitimate expression.
Judicial Oversight: Limited scope for immediate judicial review under Section 98 may raise concerns about due process.

Conclusion

Section 98 of the BNSS, 2023 is a powerful legal tool for state authorities to control the circulation of objectionable publications. While it plays a significant role in maintaining public order and national security, its implementation must balance security needs with constitutional freedoms under Article 19(1)(a) of the Indian Constitution.