Sexual Exploitation By Teacher Erodes Public Confidence: P&H HC Denies Pre-Arrest Bail To Man Accused Of Sending Objectionable Messages To Student

The Punjab & Haryana High Court has rejected the pre-arrest bail plea of a government school teacher accused of sending objectionable messages to his student, observing that sexual exploitation by a teacher erodes public confidence.

Justice Sumeet Goel said, "The sexual exploitation of a child by a teacher has devastating effects that extend far beyond the individual, impacting both the child's mental development and society as a whole. Such an act of betrayal surely disrupts the child's psychological and emotional growth, leading to deep-rooted trauma trust issues, and long-term emotional scare."

The Court added that it destroys the child's faith in a teacher-student relationship that is traditionally seen as sacred, replacing the sense of safety and respect with fear, confusion and shame.

It further highlighted that the breach of trust undermines the foundational role of educators as figures of integrity and guidance, "eroding public confidence in the educational system and the moral values it upholds in the educational system."

These observations were made in response to the anticipatory bail plea under Section 482 Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) of a Haryana Government School teacher accused of sending objectionable messages to his student. It was alleged that the teacher also threatened the student to expel her from school and kill her.

An FIR was lodged under Sections 351(3), 75(2) & 78 of the Bharatiya Nyaya Sanhita, 2023 and under Section 12 of the POCSO Act, 2012.

Counsel for the petitioner argued that the petitioner is a school teacher (Hindi) by profession at Government Girls Senior Secondary School and to date, no complaint whatsoever has ever been received against him and he has been falsely implicated.

On the other hand, State counsel contended that the petitioner was sending objectionable messages to the complainant and later deleted the same. Moreover, in order to elicit the truth, custodial interrogation of the petitioner would be necessary and hence dismissal of the anticipatory bail is prayed for, he added.

After hearing the submissions, the Court opined that "when a teacher exploits their position, it not only shatters the individual child's well-being but also weakens societal trust in institutions meant to be safe heavens for learning and growth."

Justice Goel highlighted that at this stage, there is no material on record to hold that a prima facie case is not made out against the petitioner or that the petitioner has been falsely implicated in the case.

The Court noted that the victim has categorically stated that she was threatened by the petitioner, it is not appropriate to grant anticipatory bail, as it would necessarily cause impediment in effective investigation.

The judge held that "the nature and gravity of the offence, the role attributed to the petitioner essentially lead to unequivocal conclusion that the petitioner does not deserve the concession of anticipatory."

Stating that custodial interrogation of the petitioner is necessary for an effective investigation & to unravel the truth, the Court dismissed the plea.

Mr. Rohit Singh, Advocate for the petitioner.

Ms. Mahima Yashpal, DAG Haryana.

Mr. Shokeen Singh Verma, Advocate for the complainant.

Citation: 2024 LiveLaw (PH) 244

Title: XXX v. XXX