By Astha Bhumish Shah 

The Kerala High Court quashed proceedings initiated against the Petitioner under Section 82 of the Juvenile Justice Act and Section 324 of the IPC, holding that teachers cannot be prosecuted under the Juvenile Justice (Care and Protection of Children) Act, 2015 for using simple corrective measures for enforcing discipline in schools. The petitioner in this case was a teacher and Principal of a school who allegedly punished a 13-year-old, eighth standard student for scoring less marks. It was argued that petitioner cannot be liable under Section 82 of the JJ Act since that a school is not a childcare institution under Section 2(21) of the same. The Court relied on prior judgments which held that acts of a teacher imposing punishment upon a student must depend on the facts and circumstances of each case and that there cannot be a generalised pattern.  

The Court further said that the education system would be in peril if teachers are penalised under JJ Act for using the ‘least onerous corrective measures’ to maintain the disciple of the Educational Institution. However, at the same time if the teacher exceeds their authority and causes serious injuries or assault then the penal provisions of JJ Act would be applicable. In the present case, the child sustained no injuries. The Court thus stated that the Petitioner had no malafide intention in disciplining the student since their intention was to alert and guide the student to study well. The Court further agreed with the petitioner’s argument that a school is not a childcare institution as under the Act and that Section 324 of the IPC would not be attracted since there was no malafide intention on the part of the petitioner. (Jomi v. State of Kerala – CRL.MC NO. 6506 OF 2019) 

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