Introduction of Section 98 BNSS / Power to Ban Harmful Publications
Section 98 BNSS is part of the Bharatiya Nagarik Suraksha Sanhita, 2023. It helps protect society by stopping the spread of dangerous or offensive publications. It covers printed and visual materials like documents, books, photos, and drawings. The goal is to stop content that may harm public peace, promote hate, or contain obscene material.
What is BNSS Section 98 ?
BNSS Section 98 gives the State Government the legal power to ban and seize newspapers, books, or documents that contain illegal, harmful, or punishable content. Once a ban is declared, police can search for and confiscate all copies of that material.
BNSS Section of 98 in Simple Points
1. Power of the Government to Ban Harmful Content
BNSS Section 98 gives the State Government the power to ban newspapers, books, or documents if they contain harmful or illegal content. This includes anything that promotes hate, insults religion, spreads false news, or shows obscene material. The government can declare such content as forfeited, which means it is taken away and becomes government property. A formal notification must be issued with clear reasons why the content is harmful. Once this is done, the material is no longer allowed to be sold, printed, or shared. This power helps the government to quickly stop the spread of dangerous content in the public. It is a preventive step to maintain peace and order. Only printed materials that are found to be offensive or dangerous are targeted under this law.
2. Police Can Take Immediate Action
After the government bans certain content, police officers are allowed to take action immediately. They can seize any copy of the banned book, newspaper, or document found anywhere in India. The seizure can happen without needing permission again because the government’s ban is already in effect. Also, a Magistrate can issue a search warrant if there is reason to believe that such banned material is hidden somewhere. The police officer, not below the rank of sub-inspector, can enter and search any building or place with that warrant. The goal is to quickly remove all copies of harmful content and avoid further public harm. The power of search and seizure ensures swift and legal enforcement of the ban. This helps in controlling the spread of illegal or offensive material.
3. What Kind of Content Can Be Banned
Under this section, the government can act against publications that violate certain sections of the Bharatiya Nyaya Sanhita (BNS). This includes Section 152 (hate speech), Section 196 (religious insults), Section 294 (obscene content), and Section 299 (provoking violence or unrest), among others. So, content that spreads violence, hate, obscenity, or public disturbance can be declared illegal. It doesn’t matter where the book or newspaper is printed — if it reaches India and is harmful, it can be banned. This ensures that national safety, unity, and decency are protected. The ban applies to both local and international printed material. The law is strict but necessary to prevent misuse of freedom of expression.
4. Meaning of Newspaper, Book, and Document
BNSS Section 98 clearly defines the meaning of words like “newspaper”, “book”, and “document”. These meanings are taken from the Press and Registration of Books Act, 1867. A newspaper is any publication that gives news regularly. A book includes pamphlets or anything printed in book form. A document can include photos, paintings, drawings, or other visual representations. This wide definition helps cover many types of content, not just printed words. It allows the law to stop harmful content in modern forms too — like offensive drawings or fake photographs. The law is designed to keep up with changing ways of communication. This ensures that even visual media promoting harm can be banned.
5. Special Legal Process to Challenge the Ban
If someone wants to challenge the government’s ban under BNSS 98, they cannot go to court directly. The section clearly says that such bans can only be questioned by following the process under BNSS Section 99. This is done to prevent misuse of the court system and to allow the government to act quickly in urgent situations. However, the right to appeal still exists — but only in a proper legal way. This ensures fairness along with efficiency. It also prevents people from delaying the ban by filing random cases. So, while freedom of expression is respected, it is balanced with the need for public peace and security. Only genuine appeals will be heard through the proper process.
Section 98 of BNSS Overview
BNSS Section 98 empowers the government to ban and seize printed or visual content that is harmful or illegal. It includes newspapers, books, documents, and images. Police officers can act on the government’s order and confiscate the banned items from any place in India.
10 Detailed Key Points of BNSS Section 98
1. Power of the State Government
The State Government has the power to declare certain books, newspapers, or documents as illegal. If the government believes that the content in these materials is harmful or punishable under certain sections of the Bharatiya Nyaya Sanhita (BNS), it can issue a notification. This notification explains why the material is considered dangerous or illegal. Once the notification is issued, the content becomes officially banned and all copies of it are declared to be “forfeited” or seized by the government.
2. When Can Action Be Taken
The government can act if any printed material—like a newspaper, book, or document—contains content that violates the law under specific BNS sections (152, 196, 197, 294, 295, or 299). These sections deal with serious offenses like promoting hatred, obscenity, or inciting violence. The printed content could be from anywhere—not just in India. If it reaches the public and is found to be harmful, action can be taken.
3. Seizure by Police
After the government’s order, any police officer has the authority to seize the banned material. This means they can collect and remove such documents, books, or newspapers from shops, homes, or anywhere else in the country. There is no restriction on location—the search can be done anywhere in India. The goal is to make sure the harmful material is fully removed from circulation.
4. Magistrate’s Role in Search
A Magistrate can also help enforce this order. They can issue a warrant to allow a police officer (not below the rank of sub-inspector) to search for the banned content. The search can be carried out in any suspected place where the material might be hidden or stored. This adds legal support to the police action and ensures that searches are done with proper authority.
5. Meaning of Newspaper, Book, and Document
The section clearly explains what is meant by a “newspaper”, “book”, and “document”. These definitions are taken from an older law called the Press and Registration of Books Act, 1867. A “document” can include not just writing, but also paintings, drawings, photographs, or any visual representation. So, even non-text material can be banned if it contains harmful or illegal content.
6. Legal Protection for Government Orders
Once the government declares material as illegal under this section, the decision cannot be easily challenged in court. Section 98 protects these orders and actions from being questioned, except through the method provided in Section 99. This makes the government’s action stronger and helps stop the spread of dangerous content quickly.
7. Focus on Public Safety
The main purpose of this section is to protect society. By banning harmful publications, the government wants to prevent hatred, violence, or illegal behavior from spreading through media or literature. This helps maintain peace, law, and order in the country.
8. Searches Must Follow Law
Though the government and police have strong powers under this section, all actions must follow proper legal procedures. Police must have a legal warrant to search private premises, and only officers of a certain rank can be involved in these searches. This ensures people’s rights are respected during the process.
9. Protects Against Misuse of Media
BNSS Section 98 helps control the misuse of freedom of the press or publication. If someone tries to spread false or harmful information using books, newspapers, or images, the law steps in. It draws a line between freedom of expression and abuse of that freedom.
10. Supports National Integrity
By removing dangerous and offensive publications from the public, this section supports the integrity and unity of the country. It prevents the spread of false, hateful, or obscene material, which could harm social harmony or national security.
Examples of BNSS Section 98:
Example 1: Hate Speech in a Newspaper
A local newspaper prints articles that spread communal hatred between two religious groups. The State Government finds this punishable under Bharatiya Nyaya Sanhita and issues a ban under BNSS 98. Police then seize all copies of that newspaper to prevent further distribution.
Example 2: Obscene Book with Illegal Content
A book is found containing vulgar content and obscene pictures that violate Section 294 of the Bharatiya Nyaya Sanhita. The State Government declares the book banned under BNSS Section 98. Police, with a search warrant, seize the books from the publisher’s office and bookstores.
Section 98 in BNSS Short Information
| Key Point Title | Description |
|---|---|
| 1. Power to Ban Publications | State Government can ban newspapers, books, or documents with harmful or illegal content. |
| 2. Reason Must Be Given | The government must issue a public notice explaining why it is banning the publication. |
| 3. Search & Seizure | Police can search any place and take the banned publications with a magistrate’s warrant. |
| 4. Wide Meaning of ‘Document’ | Includes photos, paintings, drawings—not just printed text. |
| 5. Court Challenge Limited | The ban can only be challenged using rules in Section 99, not in regular courts. |
BNSS Section 98 FAQs
BNSS 98
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