EMPEROR Vs. G B GHATGE

JUDGEMENT

(1.) THIS is an application in revision by one G.B. Ghatge, who is the Principal of the Hume High School, Victoria Gardens Road, Bombay, against his conviction under Section 323, Indian Penal Code, and the sentence of fine of Rs. 1 imposed on him.

(2.) THE complainant is one Abdul Jaffar Ismail Sheikh, a boy of about 15 years of age, who was a student in the 6th standard in the Hume High School, of which the accused applicant was the Principal. On October 6, 1947, in the morning the applicant was conducting 4th standard class. He then found that the complainant had been driven out of his class by Mr. Saraf, who was then teaching Algebra to the students in the 6th Standard. THE applicant enquired from Mr. Saraf and was informed by him that the complainant had misbehaved in the class. THEre is some dispute with regard to the nature of the misbehaviour, but that is not material for the purposes of this case. THE applicant then gaye some strokes with a cane to the complainant on his body. THE applicant's case is that he had given only two cuts with a cane on one of the hands of the complainant, while, according to the complainant, he was given five or six strokes, two on one of his hands and three or four on other parts of his body. THE learned Magistrate has accepted the complainant's statement on this point; and we must accept that finding, as it is on a question of fact.

(3.) SECTION 89, Indian Penal Code, however, applies in the case of children under 12 years of age. The complainant is 15 years old. The relevant section applicable in this case is SECTION 88, which provides, inter alia, that nothing, which is not intended to cause death, is an offence by reason of any harm which it may cause to any person for whose benefit it is done in good faith, and who has given consent, whether express or implied, to suffer that harm, or to take the risk of that harm. The principle referred to in the previous paragraph in respect of children under 12 will also apply in the case of children over 12, and when a child over 12 years of age goes to a school, it may be assumed that the child gives an implied consent to subject itself to the discipline and control of the school authorities and to receiving such reasonable and moderate corporal punishment as may be necessary for its correction or for maintaining school discipline. Under the Penal Code, a valid consent to suffer harm may be given by a person over 12 years of age, see SECTION 90.