Can't Expect Law Students Who Failed IPC Paper, To Appear For BNS Paper In Supplementary Exams Which Has Never Been Taught: Karnataka HC

The Karnataka High Court has clarified that law students who have already attended classes for Indian Penal Code and have failed in the examination, it cannot be expected that those students take up the examination for Bharatiya Nyaya Sanhita, which has never been taught to them in the course structure.Justice Suraj Govindaraj held thus while quashing a notification issued by the Karnataka State Law University of December 6 by which the University has proposed to have the supplementary examination for the petitioners Sachin R and others would be in 'Bharatiya Nyaya Sanhita' (BNS) instead of IPC.The petitioners submitted that petitioners never had any classes in relation to BNS and as such, if the examination were to be conducted for the said subject, the petitioners not having been provided classes/instructions for the said subject would not be able to take up the said examination. The counsel for the University submitted that with the repeal of the IPC and implementation of BNS, examination cannot be held in respect of repealed enactment. The bench said “The said submission would be applicable for the students currently or in future taking up the course in BNS and not to students who have already in the past taken up the course in IPC.” It added “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.” Noting that this is not the first petition before the court, it suggested KSLU to look into this aspect and not insist on the students who have failed in IPC to take up the examination in BNS since they have never been provided with instructions in relation to that subject. Allowing the petition it directed the University 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.Case Title: Sachin R & ANR AND Karnataka State Law University & othersAppearance: Advocate Pavana Chandra Shetty H for Petitioner.Advocate Girish Kumar for R1 and R2. Citation No: 2024 LiveLaw (Kar) 524Case No: WRIT PETITION NO. 34457 OF 2024Click Here To Read/Download Order

Can't Expect Law Students Who Failed IPC Paper, To Appear For BNS Paper In Supplementary Exams Which Has Never Been Taught: Karnataka HC

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