A teacher's reasonable disciplinary actions, including caning, do not constitute criminal liability under the Juvenile Justice Act unless they exceed acceptable limits.

ORDER

The prayer in the aforecaptioned Crl.Miscellaneous case filed under Sec.482 of the Cr.P.C is as follows :

“........... to quash all further proceedings pursuant to Annexure B in Crime No.382/19, Chandera Police Station, in C.C. No.1360/19 on the files of JFCM-I, Hosdurg pending before the Court, by allowing this Criminal Miscellaneous Case, so as to secure the ends of justice.”

2. Heard Sri.M.S.Shiraz Abdulla, learned counsel appearing for the petitioner, Sri.Saigi Jacob Palatty, learned Public Prosecutor appearing for the 1 st respondent and Sri.M.Sasindran (learned counsel appearing for the 2 nd respondent/first informant).

3. The petitioner herein has been arrayed as the 2 nd accused in the instant Annexure-B Crime No.382/2019 of Chandera Police Station, Kasargod, for offence punishable under Secs.75 of Juvenile Justice (Care & Protection of Children) Act, 2015, on the basis of Annexure-B First Information Statement given by the additional respondent No.2 herein (de facto complainant/first informant) in respect of the alleged incidents, which happened on 30.09.2019 at 1.30 p.m.

3. The gist of the allegations in the impugned Annexures-A & B criminal proceedings are as follows : That the minor son (hereinafter referred to as the student) of the 2 nd respondent, then aged about 17 years was studying in Standard.XI of the school in which accused No.1 is working as Laboratory Assistant and the petitioner herein was working as Physics teacher. That on 30.09.2019 at about 1.30 p.m., when the student had gone to the Physics laboratory in the school, the petitioner (A2) had examined the Physics practical records of the student and she found that the student had not completed the record work and had questioned him, as to why he did not do it and then the student had told the petitioner that his Physics record book was with the petitioner, who is his Physics teacher from 25.09.2019 to 30.09.2019 and that he had collected it only on 30.09.2019 and that is the reason why he could not complete the record works. That thereafter, the 1 st accused, who is the Lab Assistant had also checked his Physics records and on finding that he has not completed his assignments in the records, he got enraged at him without any reason and had treated the student in an extremely cruel manner and that both the accused persons then instructed the student to go out of the lab and complete the record works. That when the student was being caned by the 1 st accused, the petitioner (A2) had not taken any steps to interfere in the matter. That the 1 st accused had thus cruelly punished the student and that the abovesaid incidents happened in front of all the other students and it amounted not only to physical cruelty but also mental cruelty to the child and his family members and accordingly, it is stated by the 2 nd respondent in Annexure-A First Information Statement given on 07.10.2019 that the police should take appropriate action against the Laboratory Assistant and the Physics Teacher, etc. It is on this basis that Annexure-B Crime No.382/2019 of Chandera Police Station was registered on 07.10.2019 at about 5.30 p.m., on the basis of Annexure-A FIS, for offences punishable under Sec.75 of the Juvenile Justice (Care & Protection of Children) Act, 2015, in which the Laboratory Assistant has been arrayed as accused No.1 and the petitioner herein (physics teacher) has been arrayed as accused No.2. Annexure-D1 dated 09.10.2019 is the accident cum wound certificate issued by the Medical Officer concerned, wherein it is endorsed that the alleged assault is on account of caning by the Laboratory Assistant on 30.09.2019 at about 1.30 p.m. in the school concerned and that linear abrasions and contusions on anterior aspect of left thigh, back of left knee, medial aspect of the right knee and below the right knee are mildly seen and that and that the student has been treated as an outpatient. Annexure-D2 is a statement given by the doctor, who has examined the stu