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Kerala HC Quashes Criminal Case against Teacher – Distinguished Discipline from Cruelty to Student

February 13, 2026 legaldeli

Offences under Section 118(1) of BNS and Section 75 of the Juvenile (Care and Protection of Children) Act.

The complaint was filed that the accused, who is teacher of the defacto complainant had voluntarily caused hurt by beating him with a cane on his buttocks and thereby he alleged to have committed the alleged offences.

Cane does not amount to a dangerous weapon defined in Section 118(1) of the BNS.

The extent to which a teacher could lawfully inflict corporal punishment on a student under his control was dealt with by this court in some decisions. In 2005 (2) KLT of K.A. Abdul Vahid Vs. State of Kerala and 2019 (1) KLT 119 of Rajan @ Raju Vs. Sub Inspector of Police Farook Police Station and another

there is no malafide intention on the part of the teacher in inflicting corporal punishment for the well-being of the student, as well as for maintaining the discipline of the institution, it is not possible to say that the offence under Section 75 of the JJ Act is attracted.

the school teacher, in view of his peculiar position, has authority to enforce discipline and correct a pupil, who is put in his charge. When a parent entrusts a child to a teacher, he on his behalf impliedly consents for the teacher to exercise over the student such authority. When a student does not behave properly or act according to the rules of a school, and if the teacher gives him a corporal punishment for improving his character and conduct, the court has to ascertain whether the said act of the teacher was bona fide or not. If it is found that he had acted with a good intention, only to improve or correct the student, he is within his limits.

Kerala HC – Criminal Case against Teacher for beating student by cane – Examined Section 75 JJ Act – HELD that the teacher has limited authority to discipline.

Kerala HC Quashes Criminal Case against Teacher – Distinguished Discipline from Cruelty to Student

Kerala HC – Cane used by the Teacher for beating a student is not a “dangerous weapon” under Section 118(1) of BNS

Judgment dated 3.2.2026 of the High Court of Kerala in CRL.MC No.7868 of 2025 of Sibin S.V. Vs. State of Kerala and another

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