Karnataka High CourtCriminal LawCriminal Procedure and Evidence

Criminal liability for trespass or rash acts cannot be attributed to inanimate objects lacking mens rea.

M/S. NEW SPACE RESEARCH AND TECHNOLOGIES PRIVATE LIMITEDv.THE STATE OF KARNATAKA

Criminal liability for trespass or rash acts cannot be attributed to inanimate objects lacking mens rea.. M/S. NEW SPACE RESEARCH AND TECHNOLOGIES PRIVATE LIMITED vs THE STATE OF KARNATAKA. Karnataka High Court. LawLens
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In brief

The question

Whether the landing of a malfunctioning drone on private property satisfies the ingredients of criminal trespass and rash/negligent acts under Sections 329(3) and 125 of the Bharatiya Nyaya Sanhita (BNS), 2023

The court held

The Court allowed the Writ Petition and quashed the FIR in Crime No. 24/2026

It also directed

It held that a mechanical failure of a drone cannot be converted into a criminal offence involving mens rea through bald assertions

The Court further issued a stern directive that all Police Stations must scrupulously adhere to the mandate of furnishing FIR copies to the accused or providing complete digital details; failure to do so will result in departmental enquiries against the erring Station House Officers

01Facts

The Petitioner is a DGCA-authorized research and development organization specializing in unmanned aerial systems

¶ 3.1

On 29-01-2026, during routine testing within a designated "green zone" on leased land, a lightweight prototype drone suffered a battery malfunction, glided beyond the boundary, and landed in a neighboring property

¶ 3.2

A Police Constable, acting on a 112-helpline tip, registered a suo motu FIR (Crime No. 24/2026) against unknown persons for criminal trespass and endangering safety

¶ 3.3

Despite the Petitioner’s voluntary disclosure of ownership and its exempt status under Rule 42 of the Drone Rules, 2021, the jurisdictional police refused to provide a copy of the FIR, demanding the physical presence of the Managing Director

¶ 3.4

02Issues

i.Whether the landing of a malfunctioning drone on private property satisfies the ingredients of criminal trespass and rash/negligent acts under Sections 329(3) and 125 of the Bharatiya Nyaya Sanhita (BNS), 2023

¶ 7-8

ii.Whether the incident attracts the doctrine of triviality under Section 33 of the BNS (corresponding to Section 95 of the IPC)

¶ 9

iii.Whether the investigating agency is legally mandated to furnish a copy of the FIR to the accused upon request

¶ 11

03Law Applied

Section 329 of the BNS regarding criminal trespass, which requires mens rea and intentional human entry to intimidate or annoy

¶ 7

Section 125 of the BNS, which predicates liability on a rash or negligent human act endangering safety

¶ 8

The court relied on the doctrine of triviality under Section 33 of the BNS (Section 95 of the IPC), as interpreted in Mrs. Veeda Menezes v. Yusuf Khan, which excludes acts causing slight harm from criminal liability

¶ 9

Regarding the quashing of the FIR, the court followed the guidelines in State of Haryana v. Bhajan Lal

¶ 10

applied the mandatory directions from Youth Bar Association of India v. Union of India regarding the prompt disclosure and uploading of FIRs

¶ 11

Provisions in the judgment · 23 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Bharatiya Nyaya Sanhita, 2023 Section 33Section 125Section 329

Indian Penal Code, 1860 14 provisionsSection 81Section 87Section 88Section 89Section 91Section 92Section 93Section 95Section 100Section 104Section 106Section 415Section 469Section 499

Code of Criminal Procedure, 1973 Section 155Section 156Section 207Section 438Section 482

04Reasoning

Section 329 of the BNS requires a culpable human entry with the specific intent to commit an offence or annoy; however, the FIR recorded only the presence of an inanimate drone, failing to attribute any mens rea or intentional human trespass

¶ 7

the court found Section 125 inapplicable as the FIR did not identify any rash human act or specific victim endangered by the mechanical failure

¶ 8

Applying the doctrine of triviality, the court reasoned that since there was no bodily injury or property damage, the incident constituted "negligible harm" that no person of ordinary sense would complain of

¶ 9

The court determined that the allegations, even if accepted, did not prima facie constitute any offence, thus meeting the Bhajan Lal criteria for quashing

¶ 10

the court condemned the police for withholding the FIR, noting that such actions render constitutional rights illusory and violate the Supreme Court's mandate for transparency

¶ 11

05Holding

The Court allowed the Writ Petition and quashed the FIR in Crime No. 24/2026

¶ 13

It held that a mechanical failure of a drone cannot be converted into a criminal offence involving mens rea through bald assertions

¶ 8

The Court further issued a stern directive that all Police Stations must scrupulously adhere to the mandate of furnishing FIR copies to the accused or providing complete digital details; failure to do so will result in departmental enquiries against the erring Station House Officers

¶ 11
Karnataka High Court

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M/S. NEW SPACE RESEARCH AND TECHNOLOGIES PRIVATE LIMITEDvsTHE STATE OF KARNATAKA

Karnataka High Court · February 24, 2026

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