Consent in a school environment permits teachers to enforce discipline without constituting legal offences if no harm is demonstrated.

ORDER

Dated this the 14^th day of November, 2025 The petitioner is the sole accused in Crime No.1186/2022 of Kadakkal Police Station, which is pending as CP. No.66/2024 on the file of Judicial First Class Magistrate Court, Kadakkal, alleging offences under Section 324 of IPC and Section 75 of Juvenile Justice (Care and Protection of Children) Act .

2. The prosecution case is that the accused who was the Headmistress of Kummil Higher Secondary School, Kollam, on 21.06.2022 at about 2.05 p.m., beat on the palm of the defacto complainant and her four friends who are minors on the ground that they reached the class belatedly and thereby she alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, it is a false case forged against the petitioner and that the petitioner is innocent. Further, according to the learned counsel, the allegations raised against the petitioner does not constitute the offences under Section 324 IPC and Section 75 of JJ Act. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was opposed by the learned Public Prosecutor.

5. On a perusal of the FI Statement and the statements of CWs

2 to 5, it can be seen that the petitioner beat on the palm of the students for the reason that after the lunch break they reached the class room belatedly. From the statements of the witnesses it is also revealed that, the main reason for the delay is that one of them was talking with a stranger outside the premises of the school. It was in the above context, the petitioner allegedly beat on the palm of the students as part of maintaining discipline in the school.

6. As argued by the learned counsel for the petitioner, none of the students disclosed in the statements that because of the caning they suffered any pain, which is essential to constitute the offence under Section 324 IPC . Moreover, cane is not a dangerous weapon. Since the above crucial ingredients are absent in the statement given by the 1^st informant as well as the other students, it is to be held that the offence under of is not made out. There is also no medical evidence to substantiate the allegations in the final report.

7. The law is well settled that when a student is sent to the school they gives constructive permission to the teacher to enforce discipline in the school. Since, none of the students complained of pain and none sustained any injuries because of the caning, it is to be presumed that the petitioner has not used much force while caning the students. Therefore, the offence under Section 75 of JJ Act is also not made out. In the above circumstances, further proceedings against the petitioner will only be an abuse of process of this court and as such this Crl.M.C is liable to be allowed.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioners in CP. No.66/2024 on the file of Judicial First Class Magistrate Court, Kadakkal, arising from Crime No.1186/2022 of Kadakkal Police Station, stands quashed under section