Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.JAYACHANDRAN
.......... – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. The culpability component in the context of offence under the Bharatiya Nyaya Sanhita, 2023 ('B.N.S.' for short), and also the Juvenile Justice (Care and Protection of Children) Act, 2015 ('J.J. Act' for short), when a teacher canes a student in order to discipline him/her is the subject matter of these three Criminal Miscellaneous Cases, for which reason, the three cases are heard and disposed of by this Common Order.
2. Crl.M.C.No.8067/2024 Petitioner herein is the accused in Crime No.1375/2023 of Sulthan Bathery Police Station. She seeks to quash Annexure-A1 F.I.R. and also Annexure-A2 final report in the said crime. The prosecution would allege that the petitioner/accused had caned the victim, aged 9 years, due to his poor performance in the dictation conducted by the petitioner, besides publishing his mark list with zero marks in the WhatsApp group, causing physical and mental agony to the victim, thus committing the offences under Section 324 of the Penal Code and Section 75 of the J.J. Act.
3. Crl.M.C.No.9017/2024 The petitioner/accused seeks to quash Crime No.1521/2024 of Kodungallur Police Station. The prosecution would allege that the petitioner caned a student, a
Corporal punishment by teachers is not criminalized under the Juvenile Justice Act, and international treaties do not automatically enforceable without domestic legislation.
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.
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.
A teacher may impose reasonable corporal punishment in good faith for discipline without constituting criminal liability.
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....
Teachers can impose reasonable discipline, provided there is no malice or excessive force. Such actions fall under implied authority granted by parents.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
