The Kerala High Court has issued a significant ruling mandating a preliminary inquiry before registering any criminal case against a teacher for actions taken within an educational institution. This move aims to safeguard teachers from undue prosecution while maintaining the discipline and educational environment of schools.
Justice P. V. Kunhikrishnan, while delivering the verdict, emphasized the importance of preserving the morale of teachers, stating:
"No steps should be taken to diminish the morale of the teachers' community because they are the backbone of our future generation."
The ruling was made in response to a bail application filed by a teacher, Sibin S.V., who was accused of assaulting a student. The case had sparked concerns regarding the increasing number of complaints against teachers for minor disciplinary actions.
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Background of the Case
The petitioner, a teacher, was charged under Section 118(1) of the Bharatiya Nyaya Sanhitha (BNS) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The complaint alleged that he had caned a student for spreading rumors about the tragic death of the teacher’s son.
The petitioner countered the allegations, asserting that he had only attempted to discipline the student, who had consistently shown resistance to studying. He contended that the complaint was a retaliatory act and that the charges were exaggerated.
The High Court noted that teachers today are increasingly hesitant to take disciplinary actions due to the looming threat of criminal prosecution. The court remarked:
"In the olden days, the strict discipline of teachers benefitted the student community in shaping their lives. However, in today's environment, teachers are reluctant to enforce discipline due to fear of criminal cases."
To address this concern, the court ruled that before registering a criminal case against a teacher, a preliminary inquiry must be conducted to determine whether there is a prima facie case. Section 173(3) of BNSS was cited in this regard, which allows for preliminary inquiries in cases where the punishment is three years or more but less than seven years.
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The court instructed the State Police Chief to issue a circular enforcing this directive within a month. It further clarified that during the preliminary inquiry:
- Teachers must be given notice if necessary.
- Arrests shall not be made until the inquiry is complete.
- The police authorities must ascertain the merit of complaints before proceeding with legal action.
The High Court referenced previous rulings supporting the role of teachers in maintaining discipline:
Rajan @ Raju v. Sub Inspector of Police (2018): This case held that parents, by enrolling their children in schools, provide implied consent for reasonable disciplinary actions.
Geetha Manoharan v. State of Kerala (2020): It was ruled that teachers acting bona fide for students' welfare should not face criminal charges under the principle of loco parentis.
The court also expressed concerns about the rising indiscipline among students, citing reports of students using weapons, drugs, and alcohol within schools. In light of these concerns, the court made a striking remark:
"Let the teachers carry a cane in their hand while they are in educational institutions. It need not be used always, but its mere presence will create a psychological effect in the student community, discouraging them from engaging in social evils."
Case No: WP(C) 2937 of 2025
Case Title: Sibin S. V. v State of Kerala
