IMPORTANT POINTS
Sec. 324 will come into play only if the alleged weapon used for causing hurt is a dangerous weapons like an instrument for shooting, stabbing or cutting, or any instrument which, used as weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance or by means of any substance which it is deleterious to the human body to inhale, etc. The prosecution does not even have the remotest whisper in the prosecution materials that the cane stick is a dangerous weapon as envisaged in Sec. 324 or that the process of caning pupil would involve a dangerous means as envisaged in Sec. 324 of the I.P.C. So it goes without saying that in the instant case, Sec. 324 of the I.P.C. is not made out.

ORDER :

The petitioner has now been arrayed as the sole accused in the instant Calendar Case, C.C.No. 176/2019 on the file of the Judicial First Class Magistrate's Court, Hosdurg, which has arisen out of the impugned Anx. A-1 final report/charge sheet filed in Crime No. 31/2019 of Beckal Police Station, Kasargod. The offences alleged therein are those punishable under Sec. 324 of the I.P.C. and Sec. 82(1) of the Juvenile Justice (Care & Protection of Children) Act, 2015 (JJ Act, 2015).

2. The brief of the prosecution case is that the petitioner accused, who is a lady teacher of the Government Higher Secondary School, Pallikkara, where the minor victim girl aged 15 years, is studying in standard No.IX Division B, had beaten her with a cane stick and thereby she has committed the offences punishable under Sec. 324 of the I.P.C. and 82(1) of Juvenile Justice (Care & Protection of Children) Act, 2015, etc. The petitioner seeks quashment of the impugned proceedings on various grounds.

3. Heard Sri.M.Ramesh Chander, learned Senior Counsel, instructed by Sri.Balu Tom Cheruvally, learned counsel appearing for the petitioner accused and Sri.P.N.Sumodu, learned Prosecutor appearing for the 1st respondent. Though notice has been duly served on contesting respondent No.2, there is no appearance for that party.

4. As stated herein above, the allegations are to the effect that the petitioner, who is a lady teacher, attached to the Government Higher Secondary School, Pallikkara, where the 2nd respondent minor victim girl/Juvenile, aged 15 years, is studying in Std.IX in Division B and that the petitioner as a teacher, had beaten the 2nd respondent minor victim girl/juvenile using a cane stick, in the class room and thereby she has committed the abovesaid offences.

5. Sec. 82 of the JJ Act deals with corporal punishment and the same provides as follows:

“Sec. 82: Corporal punishment.-(1) Any person-in-charge of or employed in a child care institution, who subjects a child to corporal punishment with the aim of disciplining the child, shall be liable, on the first conviction, to a fine of ten thousand rupees and for every subsequent offence, shall be liable for imprisonment which may extend to three months or fine or with both.

(2) If a person employed in an institution referred to in subsection (1), is convicted of an offence under that sub-section, such person shall also be liable for dismissal from service, and shall also be debarred from working directly with children thereafter.

(3) In case, where any corporal punishment is reported in an institution referred to in sub-section (1) and the management of such institution does not cooperate with any inquiry or comply with the orders of the Committee or the Board or Court or State Government, the person-in-charge of the management of the institution shall be liable for punishment with imprisonment for a term not less than three years and shall also be liable to fine which may extend to one lakh rupees.”

6. Sec.2 of the JJ Act provides definition clauses. Various terms covered therein are defined in the various clauses given thereunder. Sec. 2 (24) of the JJ Act defines "corporal punishment" to mean subjecting of a child by any person to physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming the child. Sec. 2(21) of the JJ Act defines "child care institution" to mean Children Home, open shelter, observation home, special home, place of safety, Specialised Adoption Agency and a fit facility recognised under this Act for providing care and protection to children, who are in need of such services. It is now well established by a serious rulings of the Apex Court and various High Courts including this Court, that a teacher of an educational institution like school or college, in view of his/her peculiar position must in the nature of things, have the intrinsic and inherent authority to enforce discipline and correc