"Embarrassing": Jharkhand HC Directs Universal LexisNexis To Immediately Rectify Publishing Error In Bare Act- Bharatiya Nyaya Sanhita
The Jharkhand High Court took suo moto cognizance of a publishing/printing error by the publishing company ‘Universal LexisNexis’ in Bare Act Of Bharatiya Nyaya Sanhita, 2023, published by it.
The Bench called such an error “fatal and embarrassing.”
The three new laws, i.e., Bhartiya Nagrik Suraksha Sanhita 2023; Bhartiya Nyaya Sanhita (BNS), 2023 and Bhartiya Sakshya Sanhita were made effective from today (1st July, 2024), replacing the Code of Criminal Procedure, 1973; Indian Penal Code, 1860 and Indian Evidence Act, 1872. In Section 103(2) of the BNS, published and printed by ‘Universal LexisNexis’ the word “similar” after the phrase “or any other” and before the word “ground” had been omitted.
“This omission of the word has a huge impact,” the Court remarked.
A Division Bench of Justice Ananda Sen and Justice Subhash Chand observed, “We are not saying that this error is deliberate, but may be a human error and might have been caused due to oversight, but this error can become fatal and embarrassing to all concerned, thus, it needs to be cured immediately.”
Calling today a “red letter day for the Indian Legal System,” the Court stated that since the three laws had entirely changed, publication of these laws was expected to be done without any error. Further stating how several publishers have come forward to publish the Bare Acts and the Criminal Manuals of the news laws, the Court stated that “any small error at any place will have a huge impact on interpretation of the law and also their applications. A small typographical error or an omission will lead to great injustice and embarrassment to all concerned even to the lawyers and Court.”
While going through the BNS published by Universal LexisNexis, the Court found a major omission and error that “goes to the root of one of the penal provision and in fact changes the interpretation and application of the same.”
Section 103 of the BNS provides for the punishment of murder. Sub Section (1) of Section 103 provides that whoever commits murder shall be punished with death or with imprisonment for life and shall also be liable to fine. The error is in Section 103 (2) of the said Act. Section 103(2) of BNS, as published and printed by ‘Universal LexisNexis’ reads as follows- “103. Punishment for Murder (1) … (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community sex, place of birth, language, personal belief or any other ground each member of such group shall be punished with death or with imprisonment for life and cell also be liable to fine.”
While the gazette notification of the BNS downloaded from the website of the Ministry of Home, reads as- “Punishment for murder. 103(1) … (2) When a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground each member of such group shall be punished with death or with imprisonment for life, and shall also be liable to fine.”
“This omission in the publication made by Universal LexisNexis, in fact, entirely changes the intent, purport and interpretation of Section 103(2) of the Bharatiya Nyaya Sanhita. This will give a wrong impression to all person concerned and there are high probabilities that by these provisions as printed and published by “Universal LexisNexis”, may cause injustice,” the Court explained.
Consequently, the Court held, “Further, Bare Acts and Criminal Manual published by Universal LexisNexis so far as Bharatiya Nyaya Sanhita is concerned, which have not been sold and are lying with the Book Sellers or Distributors, should not be sold further unless its contents are rectified and corrected. They should be sold only after carrying necessary rectification / correction. ”
Accordingly, the High Court placed the matter before the Acting Chief Justice.
Cause Title: Court on its own Motion v. The Union of India