Tanya Gupta
Published on: March 8, 2022, at 18:45 IST
In the Case of Anurag Vs. State of Maharashtra, it was Observed by the Bombay High Court (Nagpur Bench) that Under the Juvenile Justice Act, a School Headmaster cannot be Prosecuted Vicariously for the Actions of a Teacher simply because he is the Head of the School / Institution and there are No Credible Accusations made against him.
Thus, the Headmaster’s Petition was approved by the Bench of Justice Avinash Gharote, who also discharged him from the Offenses Punishable Under Section 75 of the Juvenile Justice Act.
The Prosecution had Asserted in the Court that the Headmaster, as the Controller of the Students and as the Head of the said Institution wherein a Student was beaten with an iron rod by a Dance Teacher, is Liable.
In Rejecting the Claim, the Court stated that only the Dance Teacher is Liable because the Dance Teacher was in charge of the girls and not the Headmaster.
In this Case, the Police charged the Headmaster Under Sections 324 read with 35 as well Section 75 of the Juvenile Justice Act. His Prosecution was Upheld Under Section 75 of the Juvenile Justice Act prompting him to move to the High Court.
The High Court discharged the Headmaster after concluding that the Dance Teacher, not the Headmaster, should be held Accountable for the Student’s Beating.
CASE NO.: CRL (WP) NO: 68 of 2022
Also Read- Judgements on Joint and Several Liability