Kerala HC says no criminal case against teacher if intention of beating is to guide

The Kodanad police had filed a case against the teacher under Section 324 of the IPC and Section 82 of the Juvenile Justice Act. Kerala HC says no criminal case against teacher if intention of beating is to guide

KOCHI : The Kerala High Court has ruled that a criminal case will not stand against a teacher for beating a student if the intention is to guide the individual towards academic improvement.

Justice A Badharudeen issued the order in response to a petition filed by Jomi, an English teacher and the principal of St Joseph School, Thottuva, seeking to dismiss the case.

The teacher was accused of beating a 13-year-old Class VIII girl after she failed to secure fair marks on a test paper.

The court pointed out that despite the allegation of physical punishment, no serious injuries were sustained.

“The teacher had no malafide intention while beating the student or his intention was to guide her by alerting her to the necessity of studying well and securing high marks in the subject” stated the court order.

The Kodanad police had filed a case against the teacher under Section 324 of the IPC and Section 82 of the Juvenile Justice Act.

The petitioner argued that the act of disciplining the student, done within the implied authority given by the parents and with genuine intent to guide the student, should not be considered an offence under Section 75 of the Juvenile Justice Act.