School owes duty of care to children even in school bus: Karnataka High Court

A school's duty of care does not end at the school gate but continues in the school bus and until its students are safely returned to their parents, the Karnataka High Court recently observed [Divyajyothi School Management Vs State of Karnataka]..Justice M Nagaprasanna held that a school bus is an extension of the school itself. The Court observed that the school should have attendants or teachers aboard the bus to oversee the students till they are dropped off at their homes, as also recognised in the Karnataka Educational Institutions (Classification, Regulation and Prescription of Curricula, etc.,) (Amendment) Rules, 2018,"The schools cannot violate the said mandate of the statute. A child which travels in a school bus which is an extension of the school itself, cannot be left high and dry till the child from the school reaches the house even if it is the last stop. The schools cannot show a hands off to the responsibility of compliance with the mandate of the statute," the Court added in its June 23 order. .The Court made the observation while refusing to quash an FIR against the management of a Mandya-based school after a Class IV student allegedly lost vision in one eye following an incident inside a school busThe Court dismissed a criminal petition filed in the matter by the management of Divyajyothi School, observing that the safety of children travelling in school buses is a statutory obligation and not merely a matter of convenience."The safety of children in a school bus is not a matter of charity or convenience; it is a solemn obligation mandated under the Statute as well." The Court further held that, at the stage of considering a plea to quash criminal proceedings, the only issue is whether the complaint discloses the commission of a cognisable offence warranting investigation. It found that the allegations in the present case satisfied that threshold..The case stems from an incident that took place on August 1, 2025, involving a Class IV student travelling home in a school bus.According to the complaint, a few students allegedly sprayed coloured confetti or sparklers inside the bus, causing particles to enter the child's eye.Because of this, the child allegedly suffered irreversible loss of vision in one eye and was later assessed to have sustained 40 per cent permanent disability to the whole body. The child's parent filed a criminal complaint. The FIR registered in the matter alleged that the school management failed to ensure adequate supervision inside the bus, did not provide an attendant, and failed to maintain a functional CCTV camera.The school's management then filed a plea to quash the case against it. The management argued that it had taken all necessary precautions and could not be criminally liable for the unforeseen act of another student during the school bus journey home..The High Court, however, found that several crucial factual issues could only be determined through a police investigation, including whether an attendant was present in the bus, whether the CCTV camera was functional, whether dangerous materials were permitted inside the vehicle, and whether the school had complied with the prescribed safety protocols.The Court also rejected the school's contention that it could not be held responsible for the independent act of another child. The Court held that the involvement of another student does not automatically absolve the management if its own negligence contributed to the incident..The Bench concluded that the allegations against the school prima facie attract the offence under Section 125(a) of the Bharatiya Nyaya Sanhita (BNS), which deals with rash or negligent acts endangering human life or personal safety resulting in hurt.Therefore, the Court ruled that the investigation should proceed and dismissed the school management's plea to quash the case. .Advocate Nitin AM appeared for the school. High Court Government Pleader Waheeda MM represented the State. Advocate DA Shivakumar appeared for the complainant..[Read Order]