The Karnataka High Court on Friday directed the State government to “sensitise” the police to begin registering crimes under the newly implemented Bharatiya Nyaya Sanhita (BNS) and not under the Indian Penal Code (IPC)..Justice M Nagaprasanna issued the direction while hearing a petition filed by one Geetha, challenging a first information report (FIR) registered by the local police on July 1. The police had booked Geetha and her co-accused under several sections including Section 447 and 504 of the IPC that pertain to criminal trespassing and disturbing public peace.The petitioner claimed that the police had registered the FIR as a retort to her having filed a contempt petition against them in the past.Justice Nagaprasanna noted that the FIR registered was on July 1 this year, the day the BNS replaced the IPC. And yet, the police had gone on to register the case under the IPC and not BNS..The Court issued an interim injunction against the police, restraining them from conducting further probe against the petitioner based on the said FIR. It said that the State must sensitise the police to get them to register crimes henceforth, under BNS only.“Surprisingly, the Police appeared to be unaware of the IPC having gone from 01.07.2024 and the BNS in place...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. 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 Court said. .[Read Order]
The Karnataka High Court on Friday directed the State government to “sensitise” the police to begin registering crimes under the newly implemented Bharatiya Nyaya Sanhita (BNS) and not under the Indian Penal Code (IPC)..Justice M Nagaprasanna issued the direction while hearing a petition filed by one Geetha, challenging a first information report (FIR) registered by the local police on July 1. The police had booked Geetha and her co-accused under several sections including Section 447 and 504 of the IPC that pertain to criminal trespassing and disturbing public peace.The petitioner claimed that the police had registered the FIR as a retort to her having filed a contempt petition against them in the past.Justice Nagaprasanna noted that the FIR registered was on July 1 this year, the day the BNS replaced the IPC. And yet, the police had gone on to register the case under the IPC and not BNS..The Court issued an interim injunction against the police, restraining them from conducting further probe against the petitioner based on the said FIR. It said that the State must sensitise the police to get them to register crimes henceforth, under BNS only.“Surprisingly, the Police appeared to be unaware of the IPC having gone from 01.07.2024 and the BNS in place...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. 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 Court said. .[Read Order]