The division judge bench of the Jharkhand High Court took suo moto cognizance of the error committed in the bare act of the Bhartiya Nyay Sanhita 2023 published by Universal LexisNexis. The court directed Universal LexisNexis to immediately take urgent appropriate steps to rectify this error without any delay as because naturally, a large number of copies of this Bare Acts and Criminal Manual must have been published and sold to numerous advocates, Courts, institutions, and individuals.
Brief facts
Three new laws i.e., (1) Bhartiya Nagrik Suraksha Sanhita 2023; (2) Bhartiya Nyaya Sanhita, 2023 and Bhartiya Sakshya Sanhita came into effect from 1st July 2024, replacing the Code of Criminal Procedure, 1973; Indian Penal Code, 1860 and Indian Evidence Act, 1872. The court found major omission and error under Section 103 of the Bhartiya Nyay Sanhita 2023 bare act published by “Universal LexisNexis”. The error is in the Section 103(2) of the said act. Section 103(2) of Bharatiya Nyay Sanhita, as published and printed by “Universal LexisNexis” reads as under:-
“103. Punishment for Murder (1) ... (2) When a group of five or more persons acting in concert commits murder on the grounds 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 in the official gazette read as under:-
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.
Observations of the Court
The Hon’ble court observed that the word “similar” after the phrase “or any other” and before the word “ground” has been omitted. This omission of the word has a huge impact. 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 persons concerned and there is a high probability that these provisions as printed and published by “Universal LexisNexis”, may cause injustice.
The court furthermore observed that the error committed might not be intentional, however, the same can be fatal and embarrassing to all concerned, thus, it needs to be cured immediately.
The court directed the Universal LexisNexis, publisher to take urgent appropriate measures to rectify this error without any delay as because naturally, a large number of copies of this Bare Acts and Criminal Manual must have been published and sold to numerous advocates, Courts, institutions, and individuals. By way of immediate measure, they should highlight this error and publish prominently a corrigendum along with correct provision in each and every National Newspaper of the country published in English and also in all leading newspapers, published in vernacular languages which have wide circulation in each and every State and Union Territory of the country. This publication must be given prominence so that it catches the eyes of all the readers very easily.
The court furthermore directed not to sell any bare acts unless its contents are rectified and corrected. They should be sold only after carrying necessary rectification/correction.
Case Title: Court on its own Motion V. The Union of India
Coram: Hon’ble Mr. Justice Ananda Sen, and Hon’ble Mr. Justice Subhash Chand
Case No.: W.P.(PIL) No. 3865 of 2024
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