Jharkhand HC takes suo moto action against Universal LexisNexis for error in New Criminal Law Publication [Read Order]

Jharkhand: The High Court of Jharkhand has taken suo moto action on a critical error found in the published version of the newly enacted Bhartiya Nyaya Sanhita, 2023, highlighting the potential for miscarriage of justice due to typographical errors in legal publications.

In an order passed on July 1, 2024, a Division Bench comprising Justices Ananda Sen and Subhash Chand noted a significant omission in the publication of Section 103(2) of the Bhartiya Nyaya Sanhita by Universal LexisNexis, a major legal publisher.

The court observed that the word "similar" was omitted from the phrase "or any other similar ground" in Section 103(2), which deals with punishment for murder committed by a group on various grounds. This omission, the court noted, "entirely changes the intent, purport, and interpretation" of the provision.

Further, the court emphasized the importance of accurate legal publications, stating that "Any small error at any place will have a huge impact on the 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 the court."

The court directed Universal LexisNexis to take immediate corrective measures by publishing a prominent corrigendum in national and regional newspapers across the country, halting the sale of uncorrected copies of the Bare Act and Criminal Manual, and informing the court about steps taken to rectify copies already sold and distributed.

The court also made Universal LexisNexis a party respondent in the case and ordered that copies of the erroneous publication and the correct Gazette Notification be kept on record.

“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 booksellers or distributors, should not be sold further unless their contents are rectified and corrected. They should be sold only after carrying out the necessary rectification/correction,” the court said.

Expressing the urgency of the matter, the court directed that the order be immediately communicated to Universal LexisNexis via email and fax. It also ordered copies to be provided to the Advocate General of Jharkhand, the Chairman of the Jharkhand State Bar Council, and the President of the Advocates' Association, High Court of Jharkhand for wide circulation.

In conclusion, the court highlighted the critical nature of accurate legal publications, especially in light of the implementation of three new criminal laws replacing longstanding codes. The matter has been placed before the Acting Chief Justice for further action.

[Read Order]