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Teacher Not Liable for Abetment If Student Commits Suicide on Punishment: Madhya Pradesh High Court
It was held by Justice Atul Sreedharan, Madhya Pradesh High Court on 21st June 2018 that criminal proceedings for abetment of suicide cannot be initiated against a teacher if a student commits suicide due to the feeling of humiliation faced by the punishment. The decision was rendered while dismissing the writ petition filed by the uncle of a deceased student seeking registration of FIR against the Principal of the school for an offense punishable under section 306 of the IPC.
The facts of the abovesaid case are that while the deceased was returning home from school with two of her classmates she was questioned about leaving the school premises in the early afternoon before school hours and was slapped and intimidated by the school Principal. Subsequently, the deceased committed suicide the same day. The petitioners allege that the deceased committed suicide due to the humiliation and beating that was given to her by the Principal. The petitioner argues that the acts of the Principal constitute abetment by incitement. The court rejecting the argument observed that even if the allegations of Principal slapping the deceased are true, then it would only constitute an offence under Section 323 of IPC which non-cognizable. The court further observed that teachers in school don the mantle of a parent and as parents are expected to chastise and admonish the child with the aim of correcting his/her errs, so is a teacher expected to do in order to ensure disciple of the school. The court emphasised on the need of to impart good values to children apart from just giving them education
The court concluded that even though it may be normal for a child to feel a little embarrassed by the punishments of a teacher, that is essential to ensure that the student doesn’t commit the same errs again. However, if someone is extra-sensitive so as to commit suicide on that, then teachers cannot be held liable for the same.
