The Karnataka High Court has held that students who failed the Indian Penal Code (IPC) examination cannot be expected to take a supplementary examination for the Bharatiya Nyaya Sanhita (BNS), a subject that was not part of their academic instruction. This observation was made while adjudicating a writ petition on the matter.
Justice Suraj Govindaraj, presiding as a single bench, remarked, "...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, represented by Advocate Pavana Chandra Shetty H., argued that they had studied IPC but were unsuccessful in the examination. They were subsequently informed that they would need to appear for a supplementary examination in BNS, which replaced IPC following its repeal. The petitioners contended that they had not received any instruction or classes in BNS, and therefore, being examined on this subject would be unreasonable and prejudicial.
The respondents, represented by Advocate Girish Kumar, submitted on behalf of the University that the IPC had been repealed and replaced by the BNS, making it impractical to conduct examinations on a repealed statute. However, the Court rejected this contention, stating that the change in law and syllabus should apply only to students currently or prospectively enrolled in the BNS curriculum and not retrospectively to those who had already studied IPC.
Acknowledging the recurring nature of such petitions, the Court urged the Karnataka State Law University (KSLU) to address this issue comprehensively. It emphasized that students who studied IPC and failed in the subject should not be forced to take the examination in BNS, a subject for which they received no formal instruction. The Court further clarified, "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."
Cause Title: Sachin R vs. The Karnataka State Law University
