Today, On 1st July, The Jharkhand High Court identified an error in the Universal LexisNexis’ Bharatiya Nyaya Sanhita and has initiated a suo motu case regarding the matter. The court directed the publisher to issue a corrigendum correcting the error and to publish it alongside the correct provision in national newspapers, as per their statement.
Jharkhand: The Jharkhand High Court, On Monday, noted an error in the Universal LexisNexis publication of the Bharatiya Nyaya Sanhita, specifically concerning Section 103(2) of the revised criminal law, which supersedes the Indian Penal Code.
Justices Ananda Sen and Subhash Chand directed the publishing house to promptly correct the mistake related to the mob lynching offense provision.
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The Court noted that Section 103(2) of the Bharatiya Nyaya Sanhita, as published by Universal LexisNexis, omits the word “similar” after “or any other” and before “ground.” This omission significantly alters the intended meaning and interpretation of the provision, which concerns the offense of mob lynching.
The Court emphasized that this error could mislead stakeholders and potentially lead to unjust outcomes.
According to the Court,
“This omission in the publication by Universal LexisNexis fundamentally alters the intent, purpose, and interpretation of Section 103(2) of the Bharatiya Nyaya Sanhita, potentially resulting in injustice.”
The Court addressed the issue while taking suo motu cognizance on the day the new criminal laws came into effect, stating,
“Today marks a significant day for the Indian Legal System with the introduction of three new laws: (1) Bhartiya Nagrik Suraksha Sanhita 2023; (2) Bhartiya Nyaya Sanhita, 2023; and Bhartiya Sakshya Sanhita. All three laws have been implemented from July 1, 2024, replacing the Code of Criminal Procedure, 1973; Indian Penal Code, 1860; and Indian Evidence Act, 1872.”
The Court further observed the proliferation of publishers producing bare acts and criminal manuals following the enactment of these laws.
It noted,
“Numerous publishers have entered the market to meet the high demand for these bare acts. These publications are extensively used by advocates, courts, libraries, law enforcement agencies, and various institutions. Therefore, any publication of these laws is expected to be error-free. Even a minor typographical error or omission can significantly impact the interpretation and application of the law, leading to potential injustice and inconvenience for all stakeholders, including lawyers and courts.”
While identifying the error in the bare act published by Universal LexisNexis, the Court clarified,
“We are not suggesting that this error is deliberate; it may be due to human error or oversight. However, this mistake could have serious consequences and be embarrassing for all involved, necessitating immediate correction.”
Emphasizing the urgency of the situation, the Court urged the publisher to take prompt and appropriate measures to rectify the error.
It stated,
“As an immediate measure, Universal LexisNexis should prominently publish a corrigendum in every national newspaper published in English and in leading vernacular newspapers across all states and union territories. This correction must be highlighted to ensure it reaches all readers.”
Furthermore, the Court recommended that unsold copies held by booksellers or distributors should not be further distributed until the content is corrected.
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It directed,
“Universal LexisNexis must also inform this Court about the actions taken to rectify and update their Bare Acts and Criminal Manuals related to the Bharatiya Nyaya Sanhita, which have already been distributed to advocates, institutions, and the public.”
Addressing Universal LexisNexis directly, the Court urged immediate corrective action, including the publication of a prominent corrigendum in all major national and vernacular newspapers. This measure aims to ensure that the corrected provision reaches a wide audience and minimizes any confusion caused by the initial error.
This proactive approach by the Jharkhand High Court highlights its commitment to upholding the integrity and accuracy of legal publications, thereby safeguarding the fair administration of justice in the state and beyond.
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