A, a school teacher slaps one of his students aged about 8 years rupturing his eardrum. Has A committed any offence?

Question: A, a school teacher slaps one of his students aged about 8 years rupturing his eardrum. Has A committed any offence? [Bihar A.P.O. 1981]

Find the answer to the mains question only on Legal Bites. [A, a school teacher slaps one of his students aged about 8 years rupturing his eardrum. Has A committed any offence?]

Answer

It is a crime under Section 88 of the Indian Penal Code, if the teacher causes grievous hurt, and it is not for the benefit of the student in good faith, then it is a punishable crime. Then such person shall be punished with imprisonment for three months with or without a fine.

To prove the criminal liability of A requires malice on the part of the teacher. Negligence and unreasonableness can replace malice and make him liable in certain circumstances, for causing simple injury or grave injury under the Indian Penal Code.

This was held in Ganesh Chandra Shaha v. Jinraj Somani [AIR 1965 Cal 32], it was held that teachers who caned the students and inflicted fist blows, causing bodily injury and loss of a tooth, would be criminally liable and would not be benefited from having acted in good faith for the benefit of the victim. If the teacher exceeds the authority and inflicts unreasonable punishment he would lose the benefit of Section 88 of the Indian Penal Code which protects acts done in good faith.

Protection for an act done in good faith under Section 88 IPC will not extend to:

• grievous hurt and excessive use of force. Causing hurt (Section 319),
• Grievous hurt (Section 320),
• using force (Section 349),
• Criminal force (Section 350),
• Assault (Section 353)

These are offences that could result in the prosecution of parents or teachers. Thus, A has committed an offence of causing grievous hurt to the child.

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