In a significant judicial observation, the Jharkhand High Court on Monday addressed a serious misprint in the Universal LexisNexis edition of the Bharatiya Nyaya Sanhita (BNS), a compendium of Indian statutory laws. Justices Ananda Sen and Subhash Chand took suo motu cognizance of the error concerning the section on lynching—specifically BNS section 103(2).
The correct wording of Section 103(2), as legislated, states: “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.” However, the edition in question erroneously records this as “any other ground” instead of “any other similar ground.”
The bench highlighted that this seemingly minor discrepancy could lead to major legal misinterpretations and have grave implications for justice delivery. The court has issued a directive for the publisher to issue a corrigendum in both national and regional newspapers to correct this oversight promptly.
Speaking on the matter, Ritu Kumar, president of the Jharkhand High Court Advocates’ Association, emphasized the urgency and seriousness with which the court treated this oversight. The publisher has been formally notified of the mistake and is expected to respond accordingly.
Adding to the legal discourse, Mohammad Shadab Ansari, a lawyer who has represented lynching victims, pointed out that the incorrect phrasing could broadly interpret the grounds for lynching, potentially diluting the specificity intended by the law, such as in cases of property disputes.
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The correction of this text is particularly poignant in light of the 2018 Supreme Court Tehseen Poonawalla judgment, which mandates stringent legal proceedings and compensation in lynching cases. This judgment integrates relevant provisions like IPC 153A, which addresses promoting enmity between different groups, and stipulates the handling of such cases in fast-track courts.
