The Delhi High Court discharged a school principal in connection with a case involving the death of a student due to alleged negligence. The court found insufficient evidence to hold the principal responsible for the incident, leading to their exoneration. The case had drawn significant attention, raising concerns about school safety measures.
New Delhi: The Delhi High Court discharged a government school principal, Rekha Kakkar, from a case concerning the death of a student due to alleged negligence at a school in the Kapashera area in 2016.
The court noted that a charge sheet filed without the requisite prosecution sanction, which was obtained only after the court had already taken cognizance of the charge sheet.
Justice Neena Bansal Krishna emphasized,
“It is settled law that the sanction had to be obtained prior to taking cognizance,” .
Consequently, she granted the application to drop proceedings against Kakkar, allowing the prosecution the liberty to pursue appropriate actions.
Kakkar’s petition challenged a July 13, 2018, order from the Metropolitan Magistrate’s court in Dwarka, which had rejected her objections regarding the cognizance of the offense under Section 304A of the Indian Penal Code (IPC).
The FIR charged her, a JE contractor, and a school maid after a four-year-old child drowned in a septic tank, allegedly due to negligence. Despite the charge sheet being filed on July 5, 2016, and cognizance being taken, Kakkar’s counsel argued that the lack of prior sanction rendered the cognizance invalid.
The Additional Public Prosecutor admitted that the sanction was obtained post-cognizance, reinforcing Kakkar’s position. The High Court indicated that any application for condonation of delay could be considered in line with legal standards, while the trial for the other accused would proceed as per the law.
Cases involving the death of a student due to negligence may fall under both criminal and civil law, depending on the circumstances. Under criminal law, Section 304A of the Indian Penal Code (IPC) is particularly relevant, as it penalizes “causing death by negligence.”
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This section applies when an individual or institution’s recklessness or failure to exercise reasonable care results in the death of another. Penalties under Section 304A may include imprisonment for up to two years, a fine, or both. Additionally, the institution or responsible individuals may face liability under tort law, requiring compensation for the victim’s family.
In cases involving educational institutions, failure to provide a safe environment may also violate standards under the Right of Children to Free and Compulsory Education Act, 2009, or guidelines issued by the authorities regulating school safety. Courts have also held institutions accountable under consumer protection laws when services offered to students are deficient, further broadening the scope for legal redress.
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