SC Quashes POCSO Case Against Teacher Over Corporal Punishment

SC Quashes POCSO Case Against Teacher Over Corporal Punishment

The Supreme Court quashed criminal proceedings under the POCSO Act against a school teacher accused of physically touching and disciplining girl students. In Bhaskar Paul v. State of West Bengal, the allegations arose after students complained that the teacher would hit them on the upper back and pinch them around the waist when they were inattentive in class. The Court examined the statements recorded during the inquiry and before the Magistrate and found that the material did not disclose an act having the sexual character or intent required for an offence under the POCSO Act. The Court observed that the teacher's conduct could require greater sensitivity while dealing with children, but such conduct could not automatically be converted into an offence under Section 10 POCSO without the necessary ingredients being established. The Court also noted delays and evidentiary concerns in the manner in which the criminal process had been initiated. Holding that continuation of the prosecution would amount to abuse of the process of law, the Supreme Court set aside the High Court order and quashed the proceedings.