On section about lynching, Jharkhand HC flags error in edition of Bharatiya Nyaya Sanhita

the LexisNexis version uses the words “any other ground” instead of “any other similar ground”.

The BNS has come into effect from Monday.

Section 103 (2) of the new law reads: “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 LexisNexis version uses the words “any other ground” instead of “any other similar ground”.

Observing that the error could have “serious consequences”, the bench directed the publisher to publish a corrigendum in the national and the regional newspapers.

Ritu Kumar, president of the Jharkhand High Court Advocates’ Association, told The Indian Express: “We were called in the court to deliberate on the issue. The bench has issued a notice to the publisher on the error where a word is missing. The notice will be served to the publishers for action.”

Jharkhand High Cout lawyer Mohammad Shadab Ansari, who had previously represented lynching victims in various cases, told The Indian Express that the words “any other grounds” could mean anything, even property disputes.

“While in lynching, (the 2018 Supreme Court) Tehseen Poonawalla judgment will have a bearing. For example, BNS’s corresponding provisions of IPC 153A (promoting enmity between different groups) will be added in the FIR, compensation will be given, and (the case) has to be tried in fast-track courts,” he said.