Case Note & Summary
The petitioner, Divyajyothi School Management, represented by its Head Master A Jiby Anthony, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of FIR No.94/2025 registered at Koppa Police Station, Mandya District for the offence punishable under Section 125(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS). The FIR was lodged by the second respondent, Smt. Shilpa Chandra Shekar, mother of a child studying in 4th standard at the petitioner's school. On 01.08.2025, while the child was travelling home in School Bus No.5, some other children allegedly carried and sprayed coloured confetti/sparklers inside the bus, and one such spray entered the child's eyes, resulting in loss of vision in one eye. The complainant alleged that the school management failed to ensure safety of children. The petitioner contended that the incident was a childish mischief or accident without any criminal intent on part of the school, and the FIR was an abuse of process. The High Court, after hearing counsel for both sides, observed that the incident appeared to be a childish mischief or fleeting accident that culminated in a calamity of lifelong consequence, but there was no material to show any intention or knowledge on part of the school management to cause such harm. The court held that continuing the proceedings would be an abuse of process of law and quashed the FIR and all further proceedings.
Headnote
A) Criminal Law - Quashing of FIR - Section 125(a) BNS, 2023 - Section 482 Cr.P.C / Section 528 BNSS - Mens Rea - The court examined whether an FIR for causing hurt by act endangering life or personal safety of others can be sustained against school management when a child's eye was injured by confetti spray by co-students in school bus. Held that the incident was a childish mischief or accident without any intention or knowledge on part of school management, and continuing proceedings would be abuse of process of law. (Paras 3-5) B) Criminal Law - School Liability - Section 125(a) BNS, 2023 - Negligence - The court considered whether school management can be held criminally liable for an act of children spraying confetti in bus. Held that in absence of any overt act or criminal intent by school authorities, the FIR is liable to be quashed. (Paras 3-5)
Issue of Consideration
Whether the registration of FIR for offence under Section 125(a) of BNS, 2023 against the school management for an incident where a child suffered eye injury due to spray of confetti by other children in the school bus is sustainable in law.
Final Decision
The petition is allowed. FIR in Crime No.94/2025 registered by Koppa Police Station, Mandya for offence under Section 125(a) of BNS, 2023 and all further proceedings are quashed.
Law Points
- Criminal law
- Quashing of FIR
- Section 125(a) BNS
- 2023
- Section 482 Cr.P.C
- Section 528 BNSS
- Mens rea
- Negligence
- School liability
