SIBIN Vs. STATE OF KERALA

JUDGEMENT

(1.) Teachers are the unsung heroes of our society. They shape the minds, hearts and souls of our future generation. No steps should be taken to diminish the morale of the teachers' community because they are the backbone of our future generation. Nowadays, criminal cases are registered against the teachers based on the complaints of their students or the parents of their students alleging misbehavior, assault, etc. There may be rare cases in which some teachers might have committed some offences. But, for that reason, the entire teaching community cannot be blamed. They cannot teach their students under the threat of registration of criminal cases. A preliminary enquiry is necessary before registering any criminal case against a teacher in connection with his/her actions in the school, colleges, etc, to maintain the discipline, good behaviour, etc, of their students in academic institutions.

(2.) The petitioner is a teacher and he is now facing criminal prosecution alleging offences punishable under Sec. 118(1) of Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'JJ Act').

(3.) Prosecution case is that on 10/2/2025 at about 12:30 p.m., the son of the defacto complainant was summoned by the petitioner. The son of the defacto complainant was studying in 6th standard. It is alleged that the petitioner assaulted the de facto complainant's son with a cane due to the enmity towards the de facto complainant's son that he spread the news to the other students about the death of his son in an accident, when the petitioner was driving the vehicle. Hence, it is alleged that the accused committed the offence.