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28 November 2025 12:06

👨‍🏫🤕 CORPORAL PUNISHMENT BY TEACHER AN OFFENCE?

XXX v. State of Kerala
2025 (ker HC)

Issue for determination:
Whether caning of students by teacher or inflicting corporal punishment by teachers amounts to an "offence"?

Domestic Law on Point:
Section 2(24) defines corporal punishment as subjecting child to physical punishment involving deliberate infliction of pain for retrobution of an offence for the purpose of disciplining or reforming the child.

Section 82 defines the offence as any person in-charge or employed in child care institution subjecting child to corporal punishment shall be liable on first conviction with upto 10k fine and subsequent punishment of 3 months imprisonment or fine or with both.

Section 2(21) defines child care institutions as children home, open shelter, observation home...
...for providing care and protection to children,
who are in need of such services. (Schools are not mentioned)

The Hon'ble HC held that exclusion of teachers is a concious omission from JJ 2015. Convention on right of child 1989 (CRC) initiated enactment of a law as per article 253 by repealing earlier statute (2000) and enacting 2015 law to align domestic law with international treaty.

Nullum Crime Sine Lege
Criminal statutes are liable to be interpreted strictly and that an accused can be convicted only if his act clearly falls within the offence as defined by law.

Article 21 of constitution also proscribes punishment for person except by procedure established by law.

A.K. GOPALAN v. STATE OF MADRAS, 1950 however
morally wrong the objectionable conduct be, the same will not constitute an offence, unless it is expressly declared so by the statute

Conclusion
Conduct of a teacher caning a student, within reasonable and justifiable limits, so as to inflict
minimal punishment for the purpose of disciplining and reforming a child, 'cannot' constitute an offence under Section 82 of the J.J. Act

Enforceability of Article 28 and 37 of CRC, 1989 in India?

By relying on various landmark precedents held that India is a party to the convention but International Treaties, by its own force, are not enforceable in India, when the provisions of such treaties/conventions is in conflict with the municipal/domestic law or when it affects the rights of citizens. (Treaties bind the Union, but would not by its own force, bind the
Indian nationals) [the conflcit b/w exclusion of teachers in JJ and Art. 28 and 37 CRC]

Section 75 Of JJ Act Attracted?
Whoever assaults, abandons, abuses, exposes or wilfully neglects the child in amanner likely to cause unnecessary mental or physical suffering to the child shall be punished with 3 years or 1 lakh or with both.

Assault as per S. 130 of BNS is gesture making apprehension that he is about to use criminal force.

Abuse of serious gravity are punished in 76 and 77 therefore less serious is dealt in 75 and also it is doubtful that corporal is punished in 75 or not and when there are 2 interpretations possible then 1 which favours accused is preferred. (Tolaram
Relumal and Another v. State of Bombay 1954)

It is a trite law that every word used in a statute has a definitive purpose so the phrase "in a manner likely to cause unnecessary physical mental suffering" assumes significance.

Appraisal of facts for section 75
Teacher inflicting punishment for poor performance, then the conduct cannot be considered unnecessary Unless punishment by teacher is disproportionate or malafide.

SO CAN WE CONCLUDE CORPORAL PUNISHMENT IS ALLOWED BY TEACHERS?

Section 17 of 2009 Free education Act states that no child shall be subject to physical or mental harrasment and whoever contravenes this provision shall be subject to disciplinary action under the service rules applicable.

Teacher is disentitled to
inflict corporal punishment on a child. Nevertheless, in order to constitute an offence out of the conduct of inflicting corporal punishment, the same should have been expressly declared as an offence in the penal statute concerned... TO BE CONTD.

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