"IPC Gone, BNS In Place": Karnataka HC Directs State To Sensitize All Police Stations To Henceforth Register Crimes Only Under BNS & Not IPC
|The Karnataka High Court directed the State to sensitize all the jurisdictional Police Stations to henceforth register crimes only under Bharatiya Nyaya Sanhita (BNS) and not Indian Penal Code (IPC).
The Court passed an interim order of stay of further investigation on a crime that was registered on July 1, 2024 by the police under IPC, and not Bharatiya Nyaya Sanhita, 2023 (BNS). The Bench explained, “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.”
A Single Bench of Justice M. Nagaprasanna observed, “In that light, there shall be an interim order of stay of further investigation in Crime No.167/2024, qua the petitioners, till the next date of hearing and a direction also to the State to sensitize all the jurisdictional stations to henceforth register crimes only under BNS and not IPC.”
The petitioners had called in question the registration of a crime on 01.07.2024 under IPC and not BNS.
Earlier, a writ petition was filed by one of the petitioners, which was disposed of by the Court in June, 2024. The Petitioner was given the liberty to apply online for “phodi and durasthi” of their lands with all the particulars “in the manner known to law.” However, this order was not implemented.
The Court observed that the police had registered the FIR for offences punishable under Sections 447, 427, 504 and 114 read with Section 34 of the IPC.
The Court remarked, “While the content is the same, the offence would change.”
The Bench explained that 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, while there was no trespass in the case before the Court. “The crime is registered only as a counter blast to what the petitioners have done by fling the writ petition,” the Court added.
The Court was surprised to note that “the Police appeared to be unaware of the IPC having gone from 01.07.2024 and the BNS in place.”
Consequently, the Bench observed that since the crime was registered on 01.07.2024, it should have been registered for the corresponding offences under the BNS and not under the IPC.
Accordingly, the High Court disposed of the petition.
Cause Title: Smt. Geetha Urs v. State Of Karnataka