Using 'Informal Methods' To Guide Erring Students Not Abetment: Madhya Pradesh HC Quashes FIR Against Teachers For Suicide Of Class XII Student

Madhya Pradesh High Court has recently held that a teacher reprimanding the student as a means of course correction cannot be brought under the ambit of abetment to commit suicide under Section 306 IPC. The court also noted that some informal social controls applied to guide the students in the right path will not constitute abetment or instigation as given in Section 107 of IPC.

“Although all Informal Social Controls…coming out from different Sociological Theories, cannot be befitting in our social milieu but it is also to be seen that for betterment of children, some Informal Social Controls are necessary. Here, calling parents for counselling was a mechanism which could have given a lesson to the erring students and calling parents cannot be inferred as abetment”, the single judge bench of Justice Anand Pathak observed.

The instigation on the part of the accused should be 'active and proximate to the incident', which is lacking in the undisputed factual scenario of this case, the court added.

The bench sitting at Gwalior also opined that the Principal and other teachers must 'maintain discipline and peaceful atmosphere in the premises' to ensure that none of the children are drawn to the vices that may impede their holistic growth. The court strongly felt that the teachers have taken the exact measures intended to achieve the same in the current case.

“…Their role is confined to causing reprimand or scolding the boy for his act which was the duty of the Principal and other Teachers as discussed above. They never had any intention in respect of the deceased boy that he should commit suicide”, the court explained further about how the prosecution case falters by stating that teachers are normally expected to correct the wrongdoings of children and ensure the well-being of other students.

It was submitted that three teachers including the Principal and Vice-Principal of Vivekanand Higher Secondary School, Tekanpur were arraigned for offences under Sections 306 and 34 of IPC.

It was argued that a Class XII student committed suicide after he was caught along with two other students by the school management for bursting crackers in the school washroom. All of the erring students were taken to the Principal's office. The Vice Principal called their respective parents and asked them to meet the principal for the misconduct of their children.

The prosecution asserted that the psychological pressure mounted on the deceased child by way of such reprimanding and scolding by the school authorities resulted in his suicide later that day. The state and the complainant also urged the court not to quash the pending criminal proceedings since only the trial will unfold the truth. The counsel for the complainants tried to establish that the mere use of an approved form of informal social control cannot be equated with abetment to commit suicide.

While allowing the plea by the teachers, the court extensively discussed the various forms of course correction and different tools of social control used to correct the deviant nature of school children.

It was noted that informal social controls are generally categorised into private, parochial and public social control. Court said that informal modes of social control include praising or shaming a student, social support, non-verbal cues and peer feedback.

Terming informal social control as a means to keep a person under control without relying on the legal apparatus, the court further observed that teachers are entrusted with the responsibility of mentoring students and informal modes of social control comes in handy in such circumstances.

“….If corporal punishment is banned and if child out of his curiosity or ignorance or peer pressure (which is very high in school days) commits any deviant behaviour or unaccepted way of pupilship, then he is required to be corrected by measured reprimand or scolding. Reason is obvious…”, Justice Anand Pathak pointed out after referring to the attendance register, CCTV footage and Call Details Record produced by the petitioners as their evidence.

Upon laying down the three conditions necessary to constitute an offence under Section 306, the court observed that even a mere statement suggesting the deceased to end his life without any mens-rea would not come under the purview of abetment to suicide. The court relied upon the Supreme Court decisions in Geo Varghese v. State of Rajasthan & Anr. LL 2021 SC 539 and Sanju alias Sanjai Singh Sengar v. State of M.P., 2002 AIR SC 1998. In Geo Varghese, the court had held that there should be both i) direct or indirect act of incitement, and ii) reasonableness.

“…Here is the present case, three students were scolded but deceased appeared to be over sensitive, therefore, committed suicide, whereas other two students remained grounded. Therefore, it appears that the deceased was sensitive and being afraid of consequences of his misconducts, took such drastic and painful decision”, the court noted while referring to the decision in Geo Varghese and the aspect of reasonableness enunciated therein.

“ Undue suffering through prosecution and procedure deserves to be avoided...”, the court concluded while invoking its jurisdiction under Section 482 of CrPC and discharging the petitioner-teachers from all charges and allegations.

Advocate Harshit Sharma appeared for the teachers. Deputy Advocate General Veerendra Singh Pal and Advocate Arshad Ali represented the state.

Case Title: Virendra Singh Rana & Ors. v. State Of Madhya Pradesh & Anr.

Case No: Misc. Criminal Case No. 10745 of 2023

Citation: 2024 LiveLaw (MP) 14

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