If teacher slap child but other teacher record video for wrong intentions

First of all if the other teacher is doing this job intentionally then the very video also can be suspected for having manipulated because she do not have any reason to intentionally videograph the incidents if she had no interests in it. 

However the issue is based on any complaint then it will be decided on the enquiry on the basis of complaint and investigation 

Therefore without knowing the details the complaint or subject matter any opinion rendered here will be a misguidance 

Sir,

In this case, the child or his family is not complaining, but the teacher who recorded the video is complaining to the principal and the video is also two-three months old.

Actually the thing is that the teacher who recorded the video never went to the classes, that is why he made this video to protect himself.

What is your concern / problem and locus standi to the issue involved in the post ?

The posting is a riddle than query.

Anyway, a teacher disciplining the student need not amount to a misconduct esp. if the child or his/her parents are not aggrieved.

It is one of school incident.
where government teacher-A records a video of government teacher-B slapping a child in order to trap him because teacher-A who recorded the video never went to the classes to teach, that is why he made this video to protect himself and when Teacher B complained about Teacher A to the principal about his ignorance of duty, then teacher A showed that video to her.
I just want to know that if there is an official inquiry/court case, will any action be taken against Teacher B also. if the child or his parents denies that teacher B did not hit child wrongly or brutally, will it still be considered an offence? 

If the school management is taking any action on the basis of the complaint given by the child's parents then the teacher may have to face the inquiry on the orders of the education officer. 

Hi,

I have analysed your query and would like you to know that even if the child or parents of the child deny the act, it would still be an offence according to:

A)      Section 75 of Juvenile Justice (Care and Protection) Act, 2015 provides that whoever having actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment.

B)      Section 323 of Indian Penal Code, 1860 provides that whoever voluntarily causes hurt shall be punished with imprisonment.

C)      Section 17 of The Right of Children to Free and Compulsory Education Act, 2009 provides that no child shall be subjected to physical punishment or mental harassment.

If the video clearly captures the teacher slapping the child then it would amount a concrete evidence against the accused teacher. The intentions of the other teacher to trap the accused teacher would be irrelevant as the act of physical punishment is an offence itself, even if the parents has no problem, corporal punishment can have negative impact on child’s physical and mental health.

Reference case law: Abdul Vaheed v. State of Kerala (15th December, 2004)

In this case a Abdul Vaheed was a victim of corporal punishment due to some minor commotion in the class, which left him not only physically hurt but also deeply traumatized. Abdul’s family decided to file a case against the teacher. The Kerala High Court held that teachers hold certain authority in shaping students’ behaviour but this authority comes with limitations, exceeding reasonable limits in disciplinary measures would not be protected under the law.

I hope this solves your query.

Regards,

Parth Chawla

But Teacher-A has shown this old video now when he was trapped why didn't he show up when this incident happened?

Actually Teacher-A did not make this video for the betterment of children, this video was made only to trap/blackmail the teacher-B. Teacher-A has blackmailed Teacher B by showing him that video

You are confused and trying to confuse others. The teacher slapping the pupil and another teacher making video of it are two different. The latter teacher, allegedly, is a law unto himself is a third issue, may be larger one. Each of them has to be dealt with on their own merits, in an objective manner.

Please post facts, not opinions based on presumptions and assumptions.

@P.Venu,

All the facts given by me are true and based on real incident.

I am not a lawyer. The learned lawyers may clear my doubts.

Adv. Parth Chawla has quoted several sections of several laws. Yes under those sections what teacher B allegedly did was a punishable offence. But who can complain? Can anyone like teacher A complain? Is the offence a cognizable offence or the complainant should have a locus standii to file a complaint? If a complaint is made to the police by teacher A, is the police required to take cognizance and charge sheet teacher B?

There are some case studies about this matter on Google as given below, From this I come to know that no official action can be taken against Teacher B nor can there be any court case on him.
Because the teacher has not beaten any child badly, he has just slapped him lightly for his betterment or maintain discipline in class. In this case, the child himself and his parents are giving consent that the teacher has ever hit the child with bad intentions or badly

1. Reasonable Force Used By Teacher To Discipline Student Not A Crime : Kerala HC
2. The Bombay high court in Goa overturned the conviction of a primary school teacher who had been sentenced to one day in jail and a fine of 1 lakh for allegedly ‘beating’ two school children with a stick and ruled that a teacher reprimanding or administering some reasonable punishment on a child in order to maintain discipline in a school would not constitute an offence.

This was all a trick of Teacher A to trap Teacher B, Teacher A did this because Teacher B had complained about him to the Principal in writing that he never goes to attend class for teaching, so to save himself he immediately sent Teacher B's  video to the principal the next day. In this case only Teacher A will be punished.

@Parth Chawla or anyone, Please give your feedback on this

this seems of a an algebric query.

Originally posted by : Sudhir Kumar, Advocate

this seems of a an algebric query.

The querist's final remarks suggest that he has only been seeking validation of his preconceived notions based on facts which are known only to him and he has no intention to disclose.