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Keralam

‘Trivial punishment is not a criminal act’: Kerala HC quashes case against teacher accused of pulling student’s hand

The court held that merely because a teacher had imposed a trivial punishment as a corrective measure to correct a child or maintain institutional discipline, the teacher could not automatically be subjected to criminal prosecution.

Written by : TNM Staff

The Kerala High Court has quashed criminal proceedings against a teacher accused of physically pulling up a Class 5 student at a school in Thiruvalla, observing that the materials collected during the investigation did not indicate any criminal intention to harass, abuse or injure the child.

Justice Jobin Sebastian, in an order dated October 9, 2026, said a teacher cannot be prosecuted merely for imposing a trivial punishment as a corrective measure to maintain discipline in an educational institution, provided it is not inflicted with malicious intent.

The court was hearing a petition filed by Jolly John, a former class teacher of Standard V-C at MGM School, Thiruvalla, seeking to quash the final report in a case registered by the Thiruvalla police in 2019 and the subsequent proceedings before the Additional Sessions Court-I, Pathanamthitta.

The teacher was accused of catching hold of a fifth-standard student's hand and pulling her up on December 6, 2018, at around 3.30 pm. According to the prosecution, the child's leg got entangled in a bench during the incident, causing a contusion and pain in her right knee.

The case was initially registered under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and Section 323 of the Indian Penal Code (IPC). Following the investigation, the police filed a final report alleging offences under Section 82(1) of the Juvenile Justice Act, which deals with corporal punishment, and Section 323 of the IPC, which deals with voluntarily causing hurt.

The case was subsequently taken up by the Additional Sessions Court-I, Pathanamthitta, the special court designated to try offences under the Juvenile Justice Act.

Seeking to quash the proceedings, the teacher contended that she had been falsely implicated and that the allegations did not satisfy the legal ingredients of the offences charged against her.

According to her counsel, the student had been running around the classroom when the teacher asked her to return to her seat. The teacher had caught hold of the child's hands and pulled her in the process, which, the counsel argued, was an attempt to maintain discipline rather than an act intended to harass, abuse or injure the student.

The defence also relied on statements given by other students who witnessed the incident, arguing that their accounts indicated that the teacher had acted only to maintain discipline.

The defence counsel argued that the medical records indicated only minor injuries. The prosecution opposed the petition.

The court stated that teachers are responsible not only for imparting knowledge but also for guiding, correcting and disciplining students. "In discharging such responsibility, the teachers have a role akin to that of a parent," the court said.

However, it stressed that this responsibility must be exercised with care and without causing harm to children.

The court held that merely because a teacher had imposed a trivial punishment as a corrective measure to correct a child or maintain institutional discipline, the teacher could not automatically be subjected to criminal prosecution.

"If teachers are subjected to criminal prosecution under the Juvenile Justice Act for implementing simple and minimal corrective measures to preserve institutional discipline, the very administration and orderly functioning of educational institutions would be jeopardised," Justice Jobin Sebastian observed.

At the same time, the court made it clear that corporal punishment inflicted with malicious intent must be treated seriously, particularly when it could have lasting consequences for a child's future and mental well-being.

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