Law Students Who Failed In IPC Exam Cannot Be Expected To Take Up Supplementary Examination In BNS: Karnataka HC

The Karnataka High Court has observed that students who have failed IPC exam, cannot be expected to take up the supplementary examination for BNS which has never been taught to them.

The Court was considering a Writ Petition in this regard.

The single bench of Justice Suraj Govindaraj observed, "...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 Petitioners were represented by Advocate Pavana Chandra Shetty H. while the Respondents were represented by Advocate Girish Kumar.

The grievance of the Petitioner was that they had studied the subject ‘Indian Penal Code’(IPC) but however were unsuccessful in the said examination. Subsequently, when the supplementary examination was proposed to be taken up now, the petitioners have been informed that the petitioners would have to take up examination in ‘Bharatiya Nyaya Sanhita’ (BNS).

It was submitted that the 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.

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submitted that with the repeal of the IPC and implementation of BNS, examination cannot be held in respect of repealed enactment.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 Court rejected the submission and clarified that it would be applicable for the students in 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.

Noting that it is not first such petition, the Court called on 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.

"These 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 clarified.

Cause Title: Sachin R vs. The Karnataka State Law University (2024:KHC:52351)

Click here to read/ download Order: