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Supreme Court of India
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Criminal Law
Bare Acts
The Code of Criminal Procedure, 1973
Section 51-100
Section 51
Section 52
Section 53
Section 54
Section 55
Section 56
Section 57
Section 58
Section 59
Section 60
Section 61
Section 62
Section 63
Section 64
Section 65
Section 66
Section 67
Section 68
Section 69
Section 70
Section 71
Section 72
Section 73
Section 74
Section 75
Section 76
Section 77
Section 78
Section 79
Section 80
Section 81
Section 82
Section 83
Section 84
Section 85
Section 86
Section 87
Section 88
Section 89
Section 90
Section 91
Section 92
Section 93
Section 94
Section 95
Section 96
Section 97
Section 98
Section 99
Section 100
Section 96- Application to High Court to set aside declaration of forfeiture

Any person having any newspaper, books or other document, in respect of which a declaration of forfeiture has been made under section 95, may within two months from the date of publication in the official Gazette of such declaration, apply to the High court to set aside such declaration on the ground that the issue of the newspaper, or the books or the other, document, in respect of which the declaration was made, did not contain any such matter as is referred to in sub-section (1) of section 95.
Every such application shall, where the High Court consists of three or, more Judges be heard and determined by a Special Bench of the High Court composed of three Judges and where the High Court consists of less than three Judges, such Special Bench shall be composed of all the Judges of that High Court.
On the hearing of any such application with reference to any newspaper, any copy of such newspaper may be given in evidence in aid of the proof of the nature or tendency of the words, signs or visible representations contained in such newspaper in respect of which the declaration of forfeiture was made.
The High Court shall, if it is not satisfied that the issue of the newspaper, or the book or other document, in respect of which the application has been made, contained any such matter as is referred to in sub-section (I) of section 95, set aside the declaration of forfeiture.
Where there is a difference of opinion among the Judges forming the Special Bench, the decision shall be in accordance with the opinion of the majority of those Judges.

@2014 Indian Law

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