A teacher may be guilty of poor judgment or inappropriate corporal punishment, but that alone cannot turn classroom discipline into a Protection of Children from Sexual Offences offence, the Supreme Court has held while quashing criminal proceedings against a schoolteacher accused of beating two minor girls.
A bench of justices Ujjal Bhuyan and Atul S Chandurkar made observation while quashing POCSO case against a West Bengal schoolteacher accused of beating two Class 10 girl students on their back and waist when they failed to answer questions in geography class.
The apex court said teacher could have handled situation "in a much more sensitive manner", but conduct alleged could not be treated as sexual offence contemplated under Section 10 of POCSO Act. "Inadequacy on part of appellant or resorting to corporal punishment would not attract Section 10," bench said in September 8 order.
Accused taught geography at a school in West Bengal's Alipurduar district. According to court record, group of women teachers informed headmaster on June 24, 2025 that some Class 10 girls had complained of being physically touched by teacher. Meeting was held next day and District Child Protection Unit was subsequently informed.
The counselling-cum-enquiry report recorded allegations that male teacher beat girls on their upper back when they were inattentive and, on another occasion, slapped them for not carrying geography maps. Report also referred to him rubbing one girl's back and pinching her waist, while another allegation concerned his nails touching a girl's neck.
An FIR was eventually registered on July 23, 2025 under Section 10 of POCSO Act, which deals with aggravated sexual assault. Provision is attracted where offence of sexual assault is committed by, among others, member of staff of educational institution. Sexual assault under Section 7 requires sexual intent accompanying physical contact.
But statements of two girls recorded by magistrate under Section 183 of Bharatiya Nagarik Suraksha Sanhita did not establish such offence, Supreme Court found. Bench said teacher's conduct "may not be appropriate", particularly resorting to corporal punishment and lack of sensitivity while dealing with girl students. However, careful reading did not show he had committed sexual offence punishable under Section 10.
Holding continuation of prosecution would amount to abuse of process of law and cause "extreme prejudice" to teacher, bench set aside Calcutta High Court's April 27 order and quashed entire proceedings pending before special court at Alipurduar.
The ruling is vital. Over-criminalisation where every inappropriate touch becomes aggravated sexual assault dilutes POCSO and makes teachers afraid to discipline. Bad pedagogy must be punished departmentally; sexual crime needs sexual intent.