Ramji Lal Bairwa vs State of Rajasthan (2024) - Case Analysis

Introduction of Ramji Lal Bairwa vs State of Rajasthan (2024)

The Ramji Lal Bairwa vs State of Rajasthan case (2024) centres around the issue of whether child sexual abuse cases under the POCSO Act can be dismissed on the basis of compromise. In the present case, a teacher was accused of sexually assaulting a student and the Rajasthan High Court initially quashed the FIR after a settlement between the accused and the victim’s family. The Division Bench of Supreme Court comprising Justice C.T Ravikumar and Justice Sanjay Kumar on 7th November, 2024 overturned the decision and ruled that such offences cannot be treated as private matters,

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Why in the Spotlight? - Ramji Lal Bairwa vs State of Rajasthan (2024)

The Division Bench comprising Justice C.T Ravikumar and Justice Sanjay Kumar overturned the decision of the Rajasthan High Court and held that child sexual abuse cases cannot be treated as private matters and cannot be dismissed due to a compromise.

Historical Context and Facts of Ramji Lal Bairwa vs State of Rajasthan (2024)

The case at hand made it clear that child sexual abuse cases are not ‘private matters’ and cannot be dismissed on the basis of an out-of-court settlement. The decision of the Supreme Court in this case bolstered the primary objective of the Protection of Children from Sexual Offences (POCSO) Act and underscored the significant societal impact of crimes against children.

Incident of Sexual Assault

A teacher in a Higher Secondary School in Rajasthan allegedly sexually assaulted a Class XI student on 6th January, 2022 when she was alone in the classroom. According to the allegations, the teacher checked through the window to ensure that no one was around before approaching the student from behind, the accused patted her cheek and sexually assaulted her. As the student fled, the teacher followed her and used casteist comments such as “dedh Chamar.”

Response by the School Authorities

The student sought help from other teachers but they advised her to remain silent. The Principal made her sign on a blank paper. Another teacher visited the home of the student and claimed that she was unwell and brought her mother to school. However, the student was too terrified to speak to her mother at the school but later disclosed the whole incident to her mother once they were back home. Following this, the mother informed the father who was away in another village. Upon his return the next day, the victim shared the full details of the assault with him.

Filing of FIR

The victim’s father lodged an First Information Report (FIR) on 8th January, 2022 against the teacher and charged him under Section 354A (sexual harassment), Section 342 (wrongful confinement), Section 509 (insulting modesty of a woman) and Section 504 (intentional insult) of the Indian Penal Code, 1860, Section 7 and Section 8 (sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 3(1)(r), Section 3(1)(s), Section 3(1)(b) and Section 3(2)(vii) (caste-based discrimination and atrocities) of the SC/ST (Prevention of Atrocities) Act, 1989.

Settlement and Legal Challenges

The accused teacher reached a settlement with the father of the victim on 31st January, 2022. The teacher filed a petition in the Rajasthan High Court following the settlement to quash the FIR. 

Decision of the Rajasthan High Court and Appeal in the Supreme Court

The High Court of Rajasthan accepted the petition filed by the teacher and quashed the First Information Report. Aggrieved by the quashing of the FIR the Appellant- citizens of the village challenged the decision of the Rajasthan High Court and approached the Supreme Court.

Issue addressed in Ramji Lal Bairwa vs State of Rajasthan (2024)

The main question which was addressed in this case was whether a child sexual assault case under the POCSO Act can be dismissed solely on the basis of a compromise between the parties?

Legal Provisions involved in Ramji Lal Bairwa vs State of Rajasthan (2024)

In this case Section 354A, Section 342, Section 509 and Section 504 of the Indian Penal Code, 1860, Section 7 and Section 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 and Section 3(1)(r), Section 3(1)(s), Section 3(1)(b) and Section 3(2)(vii) of the SC/ST (Prevention of Atrocities) Act, 1989 played a significant role. The following are the analysis of these provisions -

• Section 354A IPC: Sexual harassment and punishment for sexual harassment
• Section 342 IPC: Punishment for wrongful confinement
• Section 509 IPC: Word, gesture or act intended to insult the modesty of a woman
• Section 504 IPC: Intentional insult with intent to provoke breach of the peace
• Section 7 POCSO Act 2012: Sexual assault
• Section 8 POCSO Act 2012: Punishment for sexual assault
• Section 3(1)(r) SC/ST (Prevention of Atrocities) Act, 1989: intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view
• Section 3(1)(s) SC/ST (Prevention of Atrocities) Act, 1989: abuses any member of a Scheduled Caste or a Scheduled Tribe by caste name in any place within public view
• Section 3(2)(vii) of the SC/ST (Prevention of Atrocities) Act, 1989: being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.

Judgment and Impact of Ramji Lal Bairwa vs State of Rajasthan (2024)

The Supreme Court reversed the decision of the High Court of Rajasthan which had quashed the sexual assault complaint filed against a teacher based on a compromise between the family of the victim and the accused. 

The Court ruled that offences involving minors cannot be treated as private matters and cannot be resolved through compromise.

The Supreme Court noted the act of assault falls under Section 7 of the POCSO Act. The Court explained that offences like these are not just against the individual but against society as a whole. Therefore, such offences should not be dismissed because of a compromise between the parties involved.

In conclusion, the Supreme Court allowed the appeal and set aside the order of the Rajasthan High Court. The Court directed to continue the criminal proceedings against the teacher highlighting the public interest involved in cases of sexual assault under the POCSO Act.

Conclusion

In Ramji Lal Bairwa vs State of Rajasthan (2024) the Supreme Court bolstered the principle that child sexual abuse cases under the POCSO Act cannot be treated as private matters nor can they be dismissed merely due to a compromise between the parties.