Sensitise Police Officers To Register FIR Under Bhartiya Nyaya Sanhita, Not IPC: Karnataka High Court To State

The Karnataka High Court on Friday directed the State government to sensitise all the jurisdictional police stations to henceforth register crimes only under the Bharatiya Nyaya Sanhita and not under the now repealed Indian Penal Code.

A single judge bench of Justice M Nagaprasanna gave the direction while hearing a petition questioning the registration of a crime registered on July 1 under provisions of the Indian Penal Code.

As per factual matrix of the case, Petitioner's plea for mutation of her land was disposed off with liberty to apply online. Since no action was taken by the authorities, the petitioner preferred a contempt petition. Meanwhile, the party to be affected by split of the land filed an FIR against the Petitioner for offences under Sections 447, 427, 504 and 114 read with Section 34 of the IPC.

Court said the Police appeared to be unaware of the repeal of IPC from July 01 with provisions of the BNS taking its place. It said,

“While the content is the same, the offence would change. Section 427 of the IPC is now Section 322 of the BNS, which deals with mischief and Section 447 is now Section 327 of the BNS, which deals with criminal trespass...”

It added “Since the crime is registered on 01.07.2024, it ought to have been registered for the corresponding offences under the BNS and not under the IPC. In that light, there shall be an interim order of stay of further investigation, qua the petitioners, till the next date of hearing."

Case Title: Geetha Urs v. State of Karnataka

Appearance: Advocate TRIVIKRAM S for petitioner

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