Recently, the Kerala High Court has quashed criminal proceedings against a teacher who caned students during a classroom altercation, ruling that he acted within his authority to maintain discipline.
The case arose from crime registered at Vadakkencherry Police Station, relating to an incident on September 2019, at Mambad CAUP School. Three students of Class 5 had engaged in a fight, using sticks and pipes. The petitioner, a mathematics teacher, intervened with a cane and caned the students on their legs to stop the clash.
The petitioner faced charges under Section 324 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care & Protection of Children) Act, 2015. He contended that his actions were in the bona fide exercise of his duty to maintain discipline and had no intention to cause harm.
Justice C. Pratheep Kumar, while delivering the judgment, noted that school teachers have the authority to enforce reasonable corporal punishment to correct a pupil and maintain school discipline. The Court referred to previous rulings, including K.A. Abdul Vahid v. State of Kerala and Rajan v. Sub Inspector of Police, emphasizing that when a child is entrusted to a teacher, there is an implied consent for the teacher to exercise parental authority for correction.
The Court observed that the incident was reported four days later, with no explanation for the delay, and the students did not require medical treatment. There was no evidence of bodily injury, indicating that only minimal force was used. The court held that the teacher’s action was aimed at correcting the students and helping them grow into responsible citizens, not to inflict harm.
“The petitioner’s conduct does not amount to any offence, including those punishable under Section 324 IPC and Section 75 of the JJ Act,” the Court said, calling the prosecution “unfortunate” as the parents failed to appreciate the teacher’s intentions.
Accordingly, the Court allowed the petition and quashed all further proceedings in Special Court on the file of the Additional Sessions Judge-I Palakkad, arising from the 2019 incident.
Case Title: Abhuthahir v. State of Kerala and Anr.
Case No.: Crl.M.C. No. 7164 of 2024
Coram: Hon’ble Chief Justice B. R. Gavai and Hon’ble Justice K. Vinod Chandran
Counsel for the Petitioner: Adv. V.A. Johnson (Varikkappallil)
Counsel for the Respondent: Sr. PP Vipin Narayan
Read Order @Latestlaws.com
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