Teacher administering moderate force in good faith cannot be penalized - Kerala HC

Recently, the Kerala High Court held that a teacher who administers moderate force to a pupil without malicious intent cannot be criminally penalised. Justice Kauser Edappagath said that parents, teachers and other persons in loco parentis are entitled to apply reasonable force on their children as a disciplinary measure. 

As per the prosecution, the teacher attempted to beat a student (respondent) with a cane on his right elbow for the delay in taking out textbooks. As per the respondent, when he suddenly moved his face, the butt of the cane his eyes corneal causing abrasion. And hence, the student and his father approached the trial court. 

The trial court held that there was ground for presuming that the revision petitioner had attempted to administer force upon the student and accordingly framed section 324 of the Indian Penal Code charges against her.

This prompted the revision petitioner to approach the High Court. Advocates TK Sasindran and TS Shyam Prasanth appearing for the petitioner contended that there was no intention to cause any hurt to the student. She had merely tried to grasp her student's attention to the class by tapping his elbow for his benefit.

The Court, after going through the sequence of events and records found favour with the revision petitioner's contentions. The Court said that the offence of 'voluntarily causing hurt by dangerous weapons' under Section 324 of the IPC would not be attracted as the cane used was a usual one, and there was no intention to cause any hurt.

The Court referred to Prameela Fergod v. the State of Kerala, wherein it was held, that the nature and gravity of the corporal punishment by the teacher would determine as to whether she can be prosecuted under the penal provisions.

In the instant case, the teacher exercised reasonable authority and in good faith and therefore allowed the revision petition.