Don't insist on students who studied IPC to write BNS paper: Karnataka HC tells law university

Bengaluru: The High Court of Karnataka has directed the Karnataka State Law University not to insist on writing the examination on the subject ‘Bharatiya Nyaya Sanhita’ (BNS) for those students who are repeating their exams in the subject ‘Indian Penal Code’ (IPC).

Justice Suraj Govindaraj gave this direction while quashing the December 6, 2024 notification issued by the university asking the students to take up repeat examinations in BNS.

The petitioners, one from Shivamogga and another from Bengaluru city, had studied the subject IPC and were unsuccessful. When they intended to take the supplementary examination, the petitioners were informed that they would have to take up examination in BNS.

The petitioners claimed that they would not be able to take up the examination in BNS as they were not provided classes or instructions for the said subject. On the other hand, the university submitted that with the repeal of the IPC and implementation of BNS from July 1, 2024, examination cannot be held in respect of a repealed enactment.

Justice Suraj Govindaraj noted that the argument advanced by the University would be applicable for the students currently or in future taking up the course in BNS and not to students who have taken up the course in IPC.

“Insofar as students who have already attended classes for IPC and have failed in the examination conducted for IPC, it cannot be expected that those students take up the examination for BNS which has never been taught to them in the course structure,” the court said, adding that the observations would, however, not apply to students who have not taken up IPC and would be taking up a course in BNS in future.

The court further said, “The respondent-University is directed to conduct the examination for students who have failed in and or are repeaters in the subject ‘IPC’ and not insist on the examination to be conducted as regards BNS for any of the students who have failed in and or are repeaters in IPC.”