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What is the prescribed time limit within which a person may make application to the High Court to set aside a declaration of forfeiture made under Section 95 of the Code of Criminal Procedure, 1973 ?
Explanation
Under the Code of Criminal Procedure (CrPC), 1973, Section 95 empowers the State Government to declare certain publications (such as books or newspapers) forfeited if they contain matter punishable under specific sections of the Indian Penal Code (e.g., promoting enmity or outraging religious feelings).
Section 96 of the CrPC provides the legal remedy for any person interested in the forfeited property. It explicitly states that an application to the High Court to set aside such a declaration must be made within two months from the date of publication of the declaration in the Official Gazette. According to Section 96(2), such applications are heard and determined by a Special Bench of the High Court consisting of three Judges (or all Judges if the High Court has fewer than three).
SIMILAR QUESTIONS
Who among the following can apply to the High Court to set aside a declaration of State Government under Section 95 of the Code of Criminal Procedure, 1973 to forfeit any newspaper?
Any book or newspaper or document can be forfeited and seized by an order of the State Government under Section 95 of the Code of Criminal Procedure, 1973, if the same contains any matter, the publication of which is punishable under Sections
Every warrant of arrest issued by a court under the Code of Criminal Procedure, 1973 shall remain in force
With regard to seizure of property under the Code of Criminal Procedure, 1973, consider the following statements :
1. A police officer not below the rank of Sub-Inspector of Police conducting an investigation for identifying unlawfully acquired property can make an order for seizing the property under investigation if he has reason to believe that the property in question may be concealed or transferred in any manner.
2. An order made as above shall have no effect unless the same is confirmed by an order of the court within thirty days of its being made.
Which of the statements given above is/are correct?