Karnataka HC Reprieve To Teacher Booked For Beating 6th Grader With Stick, Says No Proof Punishment Exceeded Child's Capacity To Endure

The Karnataka High Court has quashed the criminal proceedings launched against a Physical Education teacher accused of beating a 6th grade school student with a stick, over alleged disobedience.

While doing so Justice Hemant Chandangoudar cited Kerala High Court's decision in Rajan @ Raju v. Sub-Inspector of Police (Crl. MC. No. 237/2018), where it was held that parents are presumed to have given consent for their child to be subject to discipline and control of school authorities, including the imposition of a reasonable degree of force and punishment on a child old enough to understand the purpose of the act.

Observing that the 'chastisement' by the teacher did not exceed the student's capacity to endure it in this case, the Court said  "Therefore, even if the allegations against the petitioner are accepted on their face, they do not satisfy the essential elements required to constitute the offence alleged under Section 324 of the IPC. Under these circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law.”

The teacher/petitioner was charged under Section 82 of the Juvenile Justice (Care and Protection of Children) Act 2000 (liability for corporal punishment) and Sections 324 (voluntarily causing hurt by dangerous weapons), 201 (causing disappearance of evidence), and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code. The petitioner sought quashing of criminal proceedings against her before the Magistrate. 

As per the prosecution, the petitioner had beaten a student who was studying in Grade 6, for not obeying orders. The alleged incidents occurred between 1 September 2022 and 30 September 2022, and the FIR was lodged on 29 June 2023.

On perusing the record, the court said the prosecution did not provide any plausible explanation for the delay in filing the complaint.

Further observing that the prosecution could not prove that the student had suffered injuries to constitute an offence under Section 324 of the IPC, the Court stated “the prosecution has not established that the chastisement administered by the petitioner exceeded the child's capacity to endure it."

The Court opined that continuation of the criminal proceedings against the teacher/petitioner would amount to an abuse of process of law and thus quashed the proceedings. 

Appearance: Advocate Naik Nityanand Venkataraman for Petitioner.

HCGP Lakshman B for Respondent.

Citation No: 2025 LiveLaw (Kar) 107

Case Title: Savitha Gowda AND State of Karnataka

Case No: CRIMINAL PETITION NO. 2917 OF 2025

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