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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
Sibin S.V S/o Sekharan.K – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Teachers are the unsung heroes of our society. They shape the minds, hearts and souls of our future generation. No steps should be taken to diminish the morale of the teachers' community because they are the backbone of our future generation. Nowadays, criminal cases are registered against the teachers based on the complaints of their students or the parents of their students alleging misbehavior, assault, etc. There may be rare cases in which some teachers might have committed some offences. But, for that reason, the entire teaching community cannot be blamed. They cannot teach their students under the threat of registration of criminal cases. A preliminary enquiry is necessary before registering any criminal case against a teacher in connection with his/her actions in the school, colleges, etc, to maintain the discipline, good behaviour, etc, of their students in academic institutions.
2. The petitioner is a teacher and he is now facing criminal prosecution alleging offences punishable under Section 118(1) of Bharatiya Nyaya Sanhitha, 2023 (for short ’BNS’) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'JJ Act').
3. Prosecutio
Teachers should not face criminal prosecution for reasonable disciplinary actions; a preliminary enquiry is required before any such charges are registered.
Teachers can impose reasonable discipline, provided there is no malice or excessive force. Such actions fall under implied authority granted by parents.
A teacher may impose reasonable corporal punishment in good faith for discipline without constituting criminal liability.
Anticipatory bail in serious offences, particularly those involving minors, requires careful consideration of the allegations and the potential impact on the investigation.
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.
corporal punishment” means physical punishment that involves deliberate infliction of pain for a mistake or act of indiscipline by a child for the purpose of disciplining or reforming the child.
Acquittal in criminal cases does not prevent disciplinary actions; standards of proof differ significantly.
Corporal punishment by teachers is not criminalized under the Juvenile Justice Act, and international treaties do not automatically enforceable without domestic legislation.
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