Under Section 95 of the Code of Criminal Procedure, 1973, the State Go

Under Section 95 of the Code of Criminal Procedure, 1973, the State Government may declare forfeiture and authorize Police Officers to seize which of the following items ?
1. Paintings and drawings
2. Photographs or other visible representations
3. Newspapers and books
4. Pieces of metal made in contravention of the Metal Tokens Act, 1889

Select the correct answer using the code given below :

1 and 2 only
3 and 4 only
1, 2 and 3 only
2 and 3 only
This question was previously asked in
UPSC CISF-AC-EXE – 2023
Section 95(1) of the Code of Criminal Procedure, 1973, empowers the State Government to declare forfeiture of “any newspaper, or book or any document” which appears to contain matter whose publication is punishable under certain sections of the Indian Penal Code (like sedition, promoting enmity, obscenity, etc.). Based on this:
– 3. Newspapers and books: Explicitly mentioned and covered by Section 95.
– 4. Pieces of metal made in contravention of the Metal Tokens Act, 1889: These relate to counterfeiting currency, which is not the subject of Section 95. Not covered.
– 1. Paintings and drawings: While these can be the *content* that makes a document objectionable (e.g., obscene drawings in a book), Section 95 refers to the forfeiture of the *medium* (“newspaper, book, or document”). Whether a standalone painting or drawing qualifies as a “document” under this specific section can be debated, but the focus is on publications.
– 2. Photographs or other visible representations: Similar to paintings/drawings, these can be objectionable content. If considered a type of “document” or “visible representation” disseminated as a publication (like a poster or a photograph in a newspaper), they can be covered. Option 2 is a broader category that likely includes items like photographs disseminated as publications. Given the options and typical interpretation focusing on disseminated materials, items 2 (Photographs or other visible representations when they function as publications/documents) and 3 (Newspapers and books) are covered.
– Section 95 allows forfeiture of publications containing seditious, obscene, or other objectionable matter.
– The items covered are explicitly “newspaper, or book or any document”.
– Items not related to publications/documents containing such matter are not covered.
The State Government’s power under Section 95 is subject to challenge in the High Court under Section 96 of CrPC. The definition of ‘document’ can be broad, but in the context of Section 95 focusing on ‘publications’, it typically refers to materials disseminated in print or similar form. The distinction between 1 and 2 in this question, leading to the selection of D, suggests a specific interpretation where disseminated visual representations like photographs/posters (covered by 2) are included, while perhaps standalone art pieces (covered by 1) might not be, under this specific section’s scope.
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