The Karnataka High Court has clarified that law students who have already taken courses on the Indian Penal Code and failed in the examination, such students cannot be expected to appear in the Bharatiya examination Nyaya Sanhita, which was never taught to them in the country. course structure.

Justice Suraj Govindaraj held thus while quashing a notification issued by the Karnataka State Law University dated December 6 by which the University proposed that the supplementary examination for the petitioners Sachin R and others be held in ‘Bharatiya Nyaya Sanhita” (BNS) instead of the CPI.

The petitioners have contended that they have never taken any course on BNS and therefore if the examination is to be conducted for the said subject, the petitioners having not received any course/instruction for the said subject would not be able to follow the course. says exam.

The University’s lawyer argued that with the repeal of the IBC and the implementation of the BNS, a review cannot be organized in respect of a repealed text.

The bench said: “This submission would apply to students currently or in the future taking the BNS course and not to students who have already taken the IPC course in the past.»

He added “Since students who have already taken IPC courses and failed in the examination conducted for IPC, they cannot be expected to take the BNS examination which did not qualify them. never been taught in the course structure.»

Noting that this is not the first petition filed in court, he suggested KSLU to look into this aspect and not insist that students who failed the IPC appear for the exam from the BNS, because they never received instructions on this subject. subject.

Granting the petition, he ordered the University to organize the examination for the students who failed and/or repeated in the subject “IPC” and not to insist that the examination be organized in respect of concerns the BNS for students who have failed and/or are repeaters in IPC.

Case Title: Sachin R & ANR ET Karnataka State Law University & Others

Appearance: Advocate Pavana Chandra Shetty H for the petitioner.

Defend Girish Kumar for R1 and R2.

Citation number: 2024 LiveLaw (Kar) 524

Case No: WRITTEN PETITION NO. 34457 FROM 2024

Click here to read/download the order