The Karnataka High Court has ruled in favor of law students who failed their Indian Penal Code (IPC) examination, stating they cannot be expected to take the supplementary examination in the Bharatiya Nyaya Sanhita (BNS), a subject they were never taught. This decision comes after the Karnataka State Law University (KSLU) proposed that these students take the supplementary exam in BNS, following the repeal of IPC and the introduction of BNS in the curriculum.
Justice Suraj Govindaraj, presiding over the matter, emphasized that "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 although they had studied IPC, they had no exposure to the new BNS subject. They contended that asking them to take an examination in a subject they had not been instructed in would be unreasonable and unfair. The respondents, represented by Advocate Girish Kumar, defended the university's stance, citing the implementation of BNS following the repeal of IPC.
However, the court rejected the university's argument, clarifying that the repeal of IPC and the introduction of BNS applied only to students currently enrolled in or future cohorts taking the BNS course. "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 judge noted.
Justice Govindaraj directed KSLU to conduct the supplementary examination for the petitioners in IPC, rather than in the newly introduced BNS, acknowledging the lack of prior instruction in the subject. The ruling has drawn attention to the need for clarity and fairness in the transition between legal course structures, ensuring that students are not held accountable for changes they were not adequately prepared for.
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