Court Denies School's Petition to Quash Investigation; Emphasizes Schools' Duty of Care Extending Beyond Classroom Walls
In a significant ruling, the Karnataka High Court has refused to quash an investigation into the Divyajyothi School Management, which stands accused of negligence following an incident that left a child permanently disabled. The case centers around a tragic event on August 1, 2025, where a child lost vision in one eye due to an incident on a school bus.
The petitioner, Divyajyothi School Management, challenged the registration of Crime No. 94/2025 under Section 125(a) of the Bharatiya Nagarik Suraksha Sanhita (BNS), 2023, which deals with acts that endanger life or personal safety. The school argued that all necessary safety measures, including the presence of an attendant and installation of CCTV cameras, were in place, and that the unfortunate incident resulted from the actions of another child.
However, the court, presided over by Justice M. Nagaprasanna, emphasized the heightened duty of care schools owe to children, which extends to their transportation. The court highlighted that the school bus is considered an extension of the school premises, and schools cannot abdicate their responsibility for ensuring safety during transport.
The complaint, lodged by the child's parent, alleged that the absence of adequate supervision, a non-functional CCTV, and the lack of an attendant contributed to the incident. The High Court ruled that these allegations warrant a thorough investigation, as the school management's potential negligence could have been a contributing factor.
Justice Nagaprasanna noted that the complaint met the prima facie requirements for an investigation under Section 125(a) of the BNS, which penalizes rash or negligent acts endangering life. The court underscored that the investigation's aim is to establish the precise culpability, which cannot be determined without due inquiry.
The judgment also referenced the Karnataka Educational Institutions (Amendment) Rules, 2018, which mandate specific safety measures during student transportation. The court stated that compliance with these statutory obligations is not optional and that violations could lead to criminal accountability.
Ultimately, the court found no merit in the petition to quash the investigation, emphasizing that the determination of the school management's negligence requires a full investigation. The court's decision reinforces the importance of stringent safety measures in school transportation, highlighting the legal responsibilities of educational institutions in safeguarding children's welfare.
Bottom line:-
Schools owe a heightened duty of care towards children, including while transporting them in school buses. Failure to comply with statutory safety measures, such as providing attendants, functioning CCTV cameras, and adequate supervision, can attract criminal liability under Section 125(a) of the Bharatiya Nagarik Suraksha Sanhita (BNS), 2023.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 125
Divyajyothi School Management v. State of Karnataka, (Karnataka) : Law Finder Doc id # 2932453
