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BENGALURU: Karnataka high court has directed Karnataka State Law University to conduct examination for repeater-students who had Indian Penal Code (IPC) as subject, and not insist on taking up Bharatiya Nyaya Sanhita (BNS). Justice Suraj Govindaraj gave this direction recently while quashing the Dec 6 notification issued by the university.
Two students – one from Shivamogga and the other from Bengaluru city – approached HC , challenging the notification and seeking a directive to the university to conduct the exam for IPC – not BNS – for repeaters who had failed in IPC and were reappearing for the subject.
The petitioners argued that since they had studied IPC and were unsuccessful in the examination, they cannot be asked to take up the supplementary examination in BNS as they never attended any class related to the new code.
On the other hand, the university claimed that with IPC repeal and implementation of BNS from July 1 this year, the examination cannot be held on the repealed code.
Justice Govindaraj said the university’s argument would be applicable to students who currently or in the future take up BNS as a subject. “It cannot be expected students who studied IPC take up the examination for BNS, which has never been taught to them in the course structure,” the judge added.
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