“Let Teachers Carry A Cane”: Kerala High Court Mandates Preliminary Enquiry Before Registering Criminal Cases Against Teachers For Acts In Schools
"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.”;
The Kerala High Court recently directed the police to conduct a preliminary enquiry before proceeding on a criminal complaint against a teacher for anything committed in an educational institution. Justice P. V. Kunhikrishnan observed that teachers should be protected from criminal prosecution for giving minor punishments without any malice. The Court directed the State Police Chief to issue a circular/ order in this regard within a month.
“Even when a student is pinched or pushed or poked without any malice, criminal cases are registered against the teachers, based on the complaint of the parents/ students. This should be stopped. Otherwise, the teachers cannot do their duties. Therefore, I am of the considered opinion that if a parent or student files any complaint against a teacher alleging any criminal offence committed inside an educational institution, a preliminary enquiry should be conducted to ascertain whether there exists a prima facie case for proceeding with the matter.”
The Court referred to Section 173(3) of BNSS, which says that for offences punishable with 3 years or more and less than seven years, the police may conduct a preliminary inquiry to ascertain whether a prima facie case exists. The Court observed that a preliminary enquiry according to Section 173(3) has to be conducted before registering a case for complaints received against a teacher in connection with their activities inside an educational institution. The Court added that during the period of preliminary enquiry, a notice can be given to the teacher, if necessary, but they shall not be arrested during. The Court said that the state or police authorities can approach the court if any further clarification is needed in this matter.
The Court was dealing with a bail petition of a teacher in which it was alleged that the teacher assaulted the complainant's son with a cane for telling other students that petitioner's son died in an accident when petitioner was driving the vehicle. He was booked for offences under Section 118 (voluntarily causing hurt or grievous hurt by dangerous weapons or means) of BNS and Section 75 (punishment for cruelty to a child) of Juvenile Justice (Care and Protection of Children) Act. The petitioner countered the allegation and submitted that the victim not liking petitioner's continuous advice to study well, told other children that the petitioner was responsible for the death of petitioner's son. The petitioner submitted that he only tried to correct him and there was no other intention.
The Court remarked that the teachers are under threat of criminal prosecution and therefore they don't take any action in matters of student's behaviour or discipline.
“.. 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. In the olden days, the strict discipline of teachers benefitted the student community in shaping their lives.”
The Court opined that the parents are giving a 'freehand' to the teachers to do the needful for better development of the mental health, physical health, discipline and educational needs once they admit their children in the school.
The Court further remarked that a teacher should not suffer because he gave minor punishments for indiscipline or for advising a student. The Court also observed that teachers should be allowed to carry a cane in their hand.
“Such a direction is necessary in the present-day scenario, where we are hearing news about students using weapons inside educational institutions and also using alcohol, drugs etc. by the students. 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.”
The Court noting that the maximum punishment that can be given for offences alleged against the petitioner is 3 years and 5 years granted him bail.
Counsel for the Petitioners: Advocates M. R. Sarin, Parvathi Krishna, Swetha Das, Ahsanan E., Aiswarya Menon
Counsel for the Respondent: Noushad K. A. (PP)
Case No: WP(C) 2937 of 2025
Case Title: Sibin S. V. v State of Kerala
Citation: 2025 LiveLaw (Ker) 180