Bombay High Court quashes FIR against Pune college principal, teachers over Murud beach tragedy

The Bombay High Court has quashed a 2016 FIR registered against the trustees, principal and faculty members of a Pune college over the drowning of 14 students at Murud beach in Raigad [PA Inamdar & Ors. v. State of Maharashtra & Anr.]

The Court held that unlike minors requiring strict care, mature students understand consequences and hence, college teachers cannot be held vicariously liable under Section 304A (causing death by negligence) of Indian Penal Code (IPC) for seaside mishaps.

In an order passed on October 22, the Court also directed the Maharashtra government to formulate a comprehensive beach safety policy. 

“If safety measures are employed as suggested above, it will not lead to a loss of human life as visitors will exercise a greater degree of caution while venturing into the sea water,” Justice Milind N Jadhav observed. 

Therefore, the Court directed the State Tourism Ministry to draft a blueprint for crowded beaches, install bilingual warnings in English and Marathi displaying high tide timings, and deploy lifeguards and watchtowers to avert future tragedies.

These directions were issued while quashing an FIR registered under Sections 304A and 34 of the Indian Penal Code against the trustees, principal, and faculty of Pune's Abeda Inamdar Senior College. 

The prosecution arose after 14 college students drowned during a picnic at Murud beach in February 2016.

In its reasoning, the High Court held that the causa causans of the tragedy was accidental drowning in seawater rather than any proximate rashness or negligence by college authorities. 

“In the case of students who are major and above 18 years of age and that too in a public place and public beach, in my opinion, in the absence of mens rea it would be a case of simple accident,” the judge observed. 

The judge added that the law does not prosecute family members if an adult drowns during a vacation.

“It is a normal and given human tendency that when a human being visits a beach front or sea front the human being ventures into the sea water for some fun and frolic which cannot be curbed or prevented,” the Court said.

The Bench ruled that the State Government acts as the occupier of public beaches and owes the duty to provide protective amenities. 

“The applicants cannot be held criminally negligent for an unforeseeable event occurring beyond their direct control or operational purview,” the judge concluded. 

He also directed that the judgement be sent to the Chief Secretary to prevent a knee jerk reaction after every mishap.

Advocates Niranjan Mundargi, Keral Mehta, Sidheshwar Biradar, Dinesh Shinde and Omhari B Fawade appeared for the accused.

Additional public prosecutor Rajeshree V Newton appeared for State.

[Read Judgment]