Case Note & Summary
The petitioner, Divyajyothi School Management, represented by its Head Master, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) 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, 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 the 4th standard at the petitioner's school. On 01.08.2025, while the child was travelling home in School Bus No.5, some children allegedly carried and sprayed coloured confetti/sparklers inside the bus, and one such spray entered the eyes of the complainant's child, resulting in the child losing vision in one eye. The complainant alleged that the school management was responsible for the incident due to lack of supervision. The court heard arguments from the petitioner's counsel, the State's counsel, and the respondent's counsel. The court observed that the incident appeared to be a childish mischief or a fleeting accident, and there was no material to show any criminal intent or negligence on the part of the school management. The court held that continuing the criminal proceedings would be an abuse of the process of law and quashed the FIR and all further proceedings.
Headnote
A) Criminal Law - Quashing of FIR - Section 125(a) BNS, 2023 - Absence of Mens Rea - The court considered whether school management can be held criminally liable for injuries caused to a student by fellow students spraying confetti in a school bus. Held that no criminal intent or negligence was attributable to the school, and the incident was a childish mischief or accident. FIR quashed. (Paras 3-5) B) Criminal Procedure Code - Inherent Powers - Section 482 CrPC / Section 528 BNSS - Quashing of Criminal Proceedings - The court exercised inherent powers to quash FIR where allegations did not disclose any criminal offence against the petitioner. Held that continuing proceedings would be an abuse of process of law. (Paras 4-5)
Issue of Consideration
Whether an FIR under Section 125(a) of the Bharatiya Nyaya Sanhita, 2023, can be sustained against school management for injuries caused to a student by the acts of fellow students during school bus travel, in the absence of any criminal intent or negligence attributable to the school.
Final Decision
The court allowed the petition and quashed the FIR in Crime No.94/2025 registered at Koppa Police Station, Mandya, for the offence punishable under Section 125(a) of the BNS, 2023, and all further proceedings arising therefrom.
Law Points
- Criminal liability requires mens rea
- vicarious liability not attracted for acts of students
- quashing of FIR under Section 482 CrPC/Section 528 BNSS
- Section 125(a) BNS requires intent to cause harm
