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09-2025

The document outlines instructions from the Hon'ble High Court of Kerala regarding the handling of complaints against teachers before registering criminal cases. It mandates a preliminary enquiry to determine if a prima facie case exists, which must be completed within fourteen days, and prohibits the arrest of the teacher during this period. Police authorities are instructed to follow these guidelines strictly to ensure proper investigation and compliance with the law.

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0% found this document useful (0 votes)
8 views1 page

09-2025

The document outlines instructions from the Hon'ble High Court of Kerala regarding the handling of complaints against teachers before registering criminal cases. It mandates a preliminary enquiry to determine if a prima facie case exists, which must be completed within fourteen days, and prohibits the arrest of the teacher during this period. Police authorities are instructed to follow these guidelines strictly to ensure proper investigation and compliance with the law.

Uploaded by

ekbcae1302
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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No.

U4-55615/2025/PHQ
Police Headquarters,
Thiruvananthapuram
[email protected]
04712721547
Dated. 01-04-2025
Circular. 9/2025/PHQ
Sub : Order of the Hon'ble High Court in BAIL APPL. NO. 2937/2025 filed by SIBIN S.V -
Instructions to be followed on receipt of a complaint against teachers before
registering criminal cases-Circular issued-reg.
Ref : Order dated 10/03/2025 of the Hon'ble High Court of Kerala in Bail Appl.
No.2937/2025 filed by Sri. Sibin S V.
As per the directions issued by the Hon'ble High Court of Kerala in its order dated: 10.03.2025 in
Bail Application No. 2937/2025, the following instructions are issued for strict compliance by all
concerned.
The Sec.173(3) of BNSS states that a preliminary enquiry may be conducted by an officer in
charge of the Police Station on receipt of information relating to the commission of any cognizable
offence which is made punishable for three years or more but less than seven years, with the prior
permission from an officer not below the rank of DySP, considering the nature and gravity of the
offence, if a prima facie case does not exist to proceed further with that matter.
Hence, if a parent or a student files any complaint against a teacher in connection with his
activities inside an educational institution, if a prima facie case does not exists, before registering
any criminal case against such teacher, a preliminary enquiry should be conducted, in accordance
with Sec.173(3)(i) of BNSS by serving a notice to the teacher concerned and to the aggrieved party,
if necessary, to ascertain whether there exists a prima facie case to proceed further with that
matter. The teacher against whom preliminary enquiry is initiated shall not be arrested during the
stage of preliminary enquiry. It is the duty of the police authorities to find out the grain from the chaff
during the preliminary enquiry. The preliminary enquiry should be completed within a period of
fourteen days and proceed with investigation when there exist a prima facie case. If any further
clarification is required in this regard, the Hon'ble High Court may be approached with appropriate
petition in accordance with the law.
All officers are instructed to take necessary actions in accordance with law.

SHAIK DARVESH SAHEB IPS


State Police Chief

To : All DPCs/ All SDPOs/ All SHOs /All Officers

Copy To : 1. ADGP (L&O)/Zonal IsGP/ all Range DIsGP/ All officers in List B
2. CAs to SPC/ADGP (HQ)/AIG (PG & LA)
3. ADGP, SCRB to publish the circular in the website.

U4-55615/2025/PHQ e86b4f

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