IMPORTANT POINT
Teachers should not face criminal prosecution for reasonable disciplinary actions; a preliminary enquiry is required before any such charges are registered.

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. Prosecution case is that on 10.02.2025 at about 12:30 p.m., the son of the defacto complainant was summoned by the petitioner. The son of the defacto complainant was studying in 6^th standard. It is alleged that the petitioner assaulted the de facto complainant’s son with a cane due to the enmity towards the de facto complainant’s son that he spread the news to the other students about the death of his son in an accident, when the petitioner was driving the vehicle. Hence, it is alleged that the accused committed the offence.

4. Heard the counsel appearing for the petitioner and the Public Prosecutor.

5. Counsel appearing for the petitioner submitted that the allegation against the petitioner is not correct and no such incident has happened as alleged by the prosecution. It is also submitted that it is a false case foisted against the petitioner. It is the case of the petitioner that, he always advised the victim student to study well, but the victim was lazy in academic studies. Because of the continuous advice, which he did not like, the victim spread the news to the other students that the petitioner was responsible for the death of the petitioner’s son. The petitioner, as a teacher, only tried to correct him, and hence, there was no intentional act from the side of the petitioner is the submission. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that the allegation against the petitioner is serious.

6. As I mentioned earlier, nowadays, the teachers in the schools are reluctant to take any risk as far as their students' behaviour, discipline etc are concerned. They believe that, even if they act bonafide, there is a threat of registration of criminal case against them. In the olden days, the strict discipline of teachers benefited the student community in shaping their lives. Therefore, the role of a teacher is important in the mental, physical and educational development of a student. Once students are entrusted or admitted in a school, the parents are giving a free hand to the teachers to do the needful for better development of the mental health, physical health, discipline and of course educational need. When the teachers are doing their duties in schools and colleges, there ought not to be any threat of registration of criminal case like a Damocles sword. I am not saying that all teachers are saints. In all walks of life, there are people with some bad behaviour. For that reason alone, the teacher community should not be in a threat of registration of criminal cases when the child is advised or given small punishments for their better future.

7. The behaviour of the young generation in our state is alarming. They are involved in serious criminal cases, and some of them are even addicts of drugs and alcohol. This was not t