Kerala High Court Grants Bail To Teacher Accused Of Caning Student; Says Preliminary Inquiry Necessary Before Registering Criminal Case Against Teachers

The Court allowed the bail Application of the teacher (Petitioner) who was facing criminal prosecution for offences punishable under Section 118(1) of Bharatiya Nyaya Sanhitha, 2023 (BNS) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). The prosecution alleged that the petitioner summoned a 6th standard student and assaulted him with a cane.

A Single Bench of Justice PV Kunhikrishnan remarked, “Let the teachers carry a cane in their hand while they are in educational institutions, if they intend to do so. It need not be used always, but the mere presence of a cane with teachers will create a psychological effect in the student community by discouraging them from doing any social evils. For minor punishments of teachers in schools, without any malice, while imparting education or in connection with the discipline and behaviour of a student, the teachers should be protected from criminal prosecution.”

Advocate M.R. Sarin appeared for the Petitioner, while Senior Public Prosecutor Noushad KA represented the Respondent.

Brief Facts

The Prosecution alleged that the act was committed due to enmity as the student had spread the news among classmates about the Petitioner’s involvement in an accident resulting in the death of his son.

However, the Petitioner argued that the case was false and that he had only advised the student to study well. He submitted that continuous advice was misinterpreted, leading to false allegations.

Court’s Reasoning

The High Court noted that “nowadays, the teachers in the schools are reluctant to take any risk as far as their students' behaviour, discipline etc are concerned. They believe that, even if they act bonafide, there is a threat of registration of criminal case against them.”

“The behaviour of the young generation in our state is alarming. They are involved in serious criminal cases, and some of them are even addicts of drugs and alcohol. This was not the situation in olden days. On those days, the mere sound, shade or the face of a teacher is enough to ensure that there is discipline in the class rooms. Nowadays, news reports are coming in which the students are threatening the teachers and they are physically attacking or even gheraoing the teachers. This tendency is to be discouraged,” the Court remarked.

Therefore, the Bench held, “Taking the principle in sec. 173(3) of the BNSS, it is declared that, if any complaint is received against a teacher in connection with his activities inside an educational institution, a mandatory preliminary enquiry in accordance with Sec. 173 (3)(i) is to be conducted before registering the case. A notice also can be given to the teacher, if necessary, for conducting the preliminary enqiury, but he shall not be arrested during the period of preliminary enquiry.”

The Court further remarked, “If such complaints are received, police authorities should conduct a preliminary enquiry with notice to the teacher concerned and the aggrieved party if necessary. In such stage, no teacher should be arrested. It is the duty of the police authorities to find out the grain from the chaff during the preliminary enquiry. There are people in our society who are interested only in initiating litigation for minor acts, which is to be neglected.”

Consequently, the Court held that the Petitioner can be released on bail.

Cause Title: Sibin S.V. v. State Of Kerala (Neutral Citation: 2025:KER:20847)

Appearance:

Petitioner: Advocates M.R.Sarin, Parvathi Krishna, Swetha Das, Ahsana E. and Aiswarya Menon

Respondent: Senior Public Prosecutor Noushad KA

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