The omission of critical language in legal texts can significantly alter the interpretation of laws, necessitating immediate corrective action by publishers to prevent injustice.

Headnote:(A) Bhartiya Nyaya Sanhita, 2023 - Section 103 - Error in publication by Universal LexisNexis regarding omission of the word 'similar' in penal provisions for murder - This omission alters the interpretation and application of the law, necessitating immediate rectification to prevent injustice. (Paras 4-6)

(B) Publisher's Responsibility - Publishers must ensure accuracy in legal texts to avoid misinterpretation and potential injustice, highlighting the need for prompt corrective measures. (Paras 9-10)

Facts of the case:
The court identified a significant error in the publication of the Bhartiya Nyaya Sanhita, 2023 by Universal LexisNexis, which omitted the word 'similar' in Section 103(2), impacting the law's interpretation.

Findings of Court:
The court ordered Universal LexisNexis to rectify the error and publish a corrigendum in national newspapers to inform the public and legal community.

Issues: The main issue was the impact of the omission of the word 'similar' on the interpretation of the law and the responsibility of publishers to ensure accuracy.

Ratio Decidendi: The court emphasized the critical importance of accuracy in legal publications and the potential consequences of errors, mandating immediate corrective actions by the publisher.

Result: Universal LexisNexis ordered to rectify the error and inform the court of the steps taken.

JUDGMENT :

An issue which has been noted below needs utmost attention and is of concern, thus, we are taking up the same suo moto.

2. Today is a red letter day for the Indian Legal System. Three new laws, i.e., (1) Bhartiya Nagrik Suraksha Sanhita 2023; (2) Bhartiya Nyaya Sanhita, 2023 and Bhartiya Sakshya Sanhita is seeing the light of the day. All these three laws has been made effective from today, i.e., 1st July, 2024, replacing the Code of Criminal Procedure, 1973; Indian Penal Code, 1860 and Indian Evidence Act, 1872.

3. Since these three laws have entirely changed, several publishers have come forward to publish Bare Acts and Criminal Manuals. There are numerous publishers in the market and there is huge demand for these Bare Acts. Publishers have also printed these Bare Acts in huge quantity and the same have been and are being purchased by large number of people, including Advocates, Courts, Libraries, and Law Enforcing Agencies and several institutions. Thus, any publication of these laws are expected to be without any error. 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.

4. While going through the “Bare Act – Bharatiya Nyaya Sanhita” published by “Universal LexisNexis” we have found a major omission and error which goes to the root of one of the penal provision and in fact changes the interpretation and application of the same. The said error is in Bhartiya Nyay Sanhita 2023. Section 103 of the said Act provides for 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 Bharatiya Nyay Sanhita, as published and printed by “Universal LexisNexis” reads as under:-

(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.”

5. When we go through the Gazette Notification of the Bhartiya Nyaya Sanhita, 2023 bearing CG-DL-E-25122023-250883 dated December 25, 2023 downloaded from the website of the Ministry of Home, we find that Section 103(2) of the Bhartiya Nyaya Sanhita reads as under:-

(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.

6. In Section 103(2) of the Bharatiya Nyay Sanhita, published and printed by “Universal LexisNexis” 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 person concerned and there are high probabilities that by these provisions as printed and published by “Universal LexisNexis”, may cause injustice.

The error apparent is substantiated from the fact that a comment based on the notes of the Bill has also been printed in the Bare Act, wherein the phrase “or any other similar ground” has been mentioned.

7. We have also gone through several other publications like Professional Book Depot, Delhi; Kamal Law House, Kolkata, Eastern Book Company and other publishers, where we find that in all these publications, the word “similar” finds places, which is there

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