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A. BADHARUDEEN
Sindhu Sivadas, W/o. Sivadas – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Sole accused in C.C.No.347/2022 on the files of the Judicial First Class Magistrate Court, Wadakkanchery, arising out of Crime No.1328/2021 of Wadakkanchery Police Station, Thrissur, who is the petitioner herein, seeks quashment of the proceedings on the submission that the allegation as to commission of offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, ‘the JJ Act’ hereinafter), is not prima facie made out.
2. Heard the learned senior counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the statement of the juvenile including relevant records.
3. According to the prosecution, the petitioner herein committed offence punishable under Section 75 of the JJ Act, and the substratum where from the prosecution case emanates is that, the juvenile, who is an 8th Std. student of Bharathiya Vidya Bhavan School, Akamala, Thrissur, reached the school at 10.00 a.m. on 2.3.2020, to know about her result and also to purchase books for 9th Std., in the school bus, by wearing colour dress. According to the juvenile, there was no compulsion to wear colour dress during vacation. When she met the Principal on the co
Disciplinary measures in schools, such as enforcing a uniform dress code, do not constitute cruelty under the Juvenile Justice Act.
The conduct of reprimanding a child did not constitute cruelty under the Juvenile Justice Act.
Disciplinary actions by teachers do not constitute offences under Section 75 of the Juvenile Justice Act if not intended to cause unnecessary suffering.
The interpretation of 'actual charge of, or control over' a child under Section 75 of the J.J. Act, 2015 should be construed in a strict sense, and liability under the provision depends on the actual....
To constitute 'willful neglect' under Section 75 of the J.J. Act, actions must be intentional and deliberate, not merely negligent.
The central legal point established is that the actions of the accused did not constitute an offence under the Juvenile Justice Act or the Indian Penal Code due to the absence of malafide intention a....
Insufficient evidence was found to support charges under the Juvenile Justice Act against the petitioner as she was not in actual control of the children and her actions did not constitute abuse.
The necessity for control over a minor under Section 75 of the Juvenile Justice Act for applicable charges.
Corporal punishment by a teacher may not constitute an offence if it is performed with a bona fide intention to maintain discipline, as established under relevant IPC and JJ Act provisions.
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