School Bullying Legal Remedies for Class 9 Student Under Indian Law

One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

TL;DR: When a school fails to stop physical bullying despite repeated complaints, parents can file an FIR under relevant BNS sections for assault or hurt, approach the Child Welfare Committee, and pursue a civil claim for school negligence. The police and Childline can intervene, but legal pressure through a criminal complaint often forces the school to act decisively.

Rahul Mehta, a 14-year-old Class 9 student in Pune, had been bullied by a group of older classmates for nearly three years. By early April 2025, the harassment turned physical. He was shoved into a locker, hit on the back, and once pushed down a flight of stairs. His mother, Kavita Mehta, complained to the school principal five times over three weeks. Each time, the school promised action but did nothing. The bullies grew bolder.

Kavita contacted Childline in Pune, who said they would visit the school. But the bullying continued. Worried her son's safety was at risk, she approached the office of Advocate Sudhir Rao. The matter was handled as a priority.

Advocate Sudhir Rao and his office argued that the school's inaction amounted to negligence and a failure of duty under child protection laws. A legal notice was sent to the school demanding immediate action — including suspension of the bullies and implementation of a safety plan. Simultaneously, a complaint was filed with the local police under relevant BNS sections for voluntarily causing hurt and criminal intimidation. The police registered an FIR and summoned the bullies and their parents.

Within a week, the school suspended the three bullies, installed CCTV cameras in corridors, and appointed a counsellor. Advocate Sudhir Rao's domain expertise in child protection and school liability matters was key in securing this outcome. The case was resolved without court proceedings, but the FIR remains as a safeguard.

Key Facts of the Case

• The victim was a Class 9 student, aged 14, facing persistent bullying for three years.
• Physical assaults — pushing, shoving, and a stair fall — occurred in April 2025.
• Five written complaints to the school principal yielded no corrective action.
• Childline in Pune was contacted and visited the school, but bullying persisted.
• A legal notice cited the school's duty of care under child safety guidelines.
• An FIR was registered under BNS sections for voluntarily causing hurt and criminal intimidation.
• The school suspended the bullies within a week after police and legal pressure.
• No prior lawyer had been engaged; the matter escalated only after Advocate Sudhir Rao's office intervened.

The Direct Legal Answer

What legal steps can be taken against the bullies?

File an FIR at the nearest police station under the Bharatiya Nyaya Sanhita (BNS), 2023. Bullying that involves physical assault can attract Section 115 BNS (voluntarily causing hurt), and if there are threats, Section 308 BNS (criminal intimidation). Because the victim is a minor, the police treat this seriously. The FIR creates a legal record and forces the school to act.

Can Childline actually solve the problem?

Childline (1098) can visit the school and counsel staff. But they have no enforcement power. They can refer the case to the Child Welfare Committee (CWC). The CWC can issue binding directions to the school — including ordering safety measures or even removing a child from the school if danger persists. But legal follow-up is often necessary.

What if the school still does nothing after the CWC?

Then you sue the school for negligence. Under the law, schools owe a duty of care to students. Failing to protect a child from known bullying is a breach. A civil suit can claim compensation for medical expenses, mental trauma, and educational disruption. The threat of such a suit — plus an FIR — usually convinces school management to act fast.

Advice in Such Cases

Act immediately when bullying turns physical. Delay emboldens the bullies and may cause the school to claim the situation was not urgent. Document every incident — date, time, description, and witnesses. Preserve medical reports if there are injuries. Keep copies of every complaint made to the school.

And here's the thing: do not let the school brush you off with verbal assurances. Demand a written response. If they refuse, that itself becomes evidence of negligence.

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

This type of matter — child safety and school liability — involves procedural nuances around FIR registration, CWC jurisdiction, and school duty of care that a general practitioner may not handle often. An advocate with specific experience in child protection law can spot evidentiary gaps and push the right legal buttons much faster.

Applicable Sections of Law

Under the Bharatiya Nyaya Sanhita (BNS), 2023, the primary provisions are Section 115 (voluntarily causing hurt), Section 117 (grievous hurt if relevant), and Section 308 (criminal intimidation). For school negligence, the tort of breach of duty of care applies. The Juvenile Justice (Care and Protection of Children) Act, 2015 also governs the Child Welfare Committee's powers to intervene in cases of harm to a child in an institution. Additionally, the Right of Children to Free and Compulsory Education (RTE) Act, 2009 requires schools to provide a safe learning environment — a breach can trigger action before the Directorate of Education.

Punishment and Penalties

Under Section 115 BNS, voluntarily causing hurt carries imprisonment up to one year, or fine up to Rs. 5,000, or both. If the hurt is grievous (Section 117 BNS), imprisonment can extend to seven years plus fine. Criminal intimidation under Section 308 BNS carries imprisonment up to two years, or fine, or both. These offences against a minor are taken more seriously by courts. The FIR is cognizable (police can arrest without warrant) and generally non-bailable depending on the severity of injury. These are compoundable with court permission in many cases, but early compounding is not advisable.

Jurisdiction — Where to File the Case

For the criminal complaint, go to the police station with territorial jurisdiction over the school's location. If the FIR is refused, approach the Superintendent of Police (SP) or file a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. For civil negligence, file a suit in the District Court (civil judge) with pecuniary jurisdiction based on the compensation claimed — typically under Rs. 20 lakh. The Child Welfare Committee (CWC) for the district where the school is located also has jurisdiction to pass binding orders. Jurisdiction matters because the wrong forum can delay relief by months.

What if Police Refuse to File FIR?

This happens often. If the police say "it's a school matter, settle it there", do not accept that. You have options:

• Approach the Superintendent of Police (SP) or Deputy Commissioner of Police with a written complaint. Under Section 173(4) BNSS, the SP can order an FIR to be registered.
• File a private complaint before the jurisdictional Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
• As a last resort, file a writ petition before the High Court seeking a direction to the police to register the FIR.
• Always keep a dated copy of your complaint to the police. If they refuse, that document becomes crucial evidence.

Rights of the Accused

The accused students, being minors, have special protections under the Juvenile Justice Act. But their legal rights still apply:

• Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
• Right to legal representation under Article 22(1).
• Right to be produced before a Juvenile Justice Board within 24 hours of arrest.
• Right to a copy of the FIR and to know the grounds of arrest.
• Right to bail — juvenile offences are generally bailable unless the crime involves heinous offences.

Bail Provisions

For offences under Section 115 BNS (voluntarily causing hurt up to one year), the offence is bailable. Anticipatory bail under Section 482 BNSS is available if the accused fears arrest in non-bailable sections. Regular bail before the Magistrate is straightforward in minor hurt cases. However, if the hurt is grievous under Section 117 BNS (up to seven years), the offence becomes non-bailable. In such cases, bail is not automatic; the court considers the severity of injury, criminal antecedents, and risk of influencing the victim. A bail strategy should include offering to keep the accused away from the school premises.

Quashing of FIR / Case

The High Court can quash an FIR under Section 528 BNSS (inherent powers). Grounds include: the FIR does not disclose a prima facie offence, the matter is purely civil in nature, or the parties have settled the dispute and the offence is compoundable. For minor bullying cases involving compoundable offences, the bullies' parents may approach the High Court for quashing after a settlement. But quashing is a decision for the court, not automatic. If the bullying was severe or caused lasting injury, the court is unlikely to quash even with a settlement — especially given the school's duty of care to other students.

If You Are the Victim

• Report every incident to your parents or guardians immediately. Do not hide it out of fear.
• If the bully threatens you, save any messages, voice notes, or videos. These are evidence.
• Tell a teacher you trust. Then follow up with a written complaint to the principal.
• Do not confront the bullies alone. Stay in groups during breaks and near adults.
• If the school does nothing, your parents can take legal action. You have every right to be safe.

Documents You Must Keep Ready

• Identity proof of the victim (Aadhaar or school ID).
• Medical records if any physical harm occurred (hospital reports, doctor's notes).
• Copies of all complaints submitted to the school (handwritten or typed, with date and signature).
• Any letters, emails, or WhatsApp messages exchanged with school authorities.
• Photographs or CCTV footage of incidents (if available).
• Names and contact details of witnesses (other students, staff who saw the bullying).
• Childline reference number (1098) and any written response from them.
• School diary or circulars showing rules against bullying (to prove the school's own policy).

What Evidence Is Required?

• Primary evidence: direct testimony of the victim and eyewitnesses. This is the most credible.
• Medical reports: if the victim was pushed, hit, or injured, a doctor's report confirms the hurt.
• Documentary evidence: school complaints, emails, notices — showing the school knew but did nothing.
• Electronic evidence: CCTV footage, WhatsApp messages, voice recordings of threats (must be authenticated).
• Photographs: of injuries, property damage, or the location where bullying occurred.
• Secondary evidence: if original documents are lost, certified copies or oral evidence of contents are allowed.
• Expert evidence: in civil negligence cases, a child psychologist's report on trauma is powerful.

How the Police Behave in Such Cases

Police are generally sensitive to child victim cases — especially after the Nirbhaya case and subsequent reforms. However, at the local station, officers may first try to mediate between parents and the school. They may say "it's a small matter" or "settle it internally". Do not accept this. Insist on an FIR if there is physical assault. If the victim has visible injuries or a medical report, the police are legally bound to register the case. Once an FIR is registered, the investigation (recording statements, collecting evidence) proceeds under a child-friendly protocol — statements are taken in the presence of a parent, and the victim is not confronted with the accused.

Timeline of Legal Process

• FIR Registration: Immediately — within hours if the police cooperate, within days if you need to escalate to SP or Magistrate.
• Police Investigation: After FIR, the investigation typically completes within 30-60 days for non-heinous offences. Statements of victim, witnesses, and accused are recorded.
• Chargesheet Filing: Within 90 days from arrest (if accused is arrested) or 60 days if no arrest. For juveniles, the timeline may be shorter.
• Cognizance by Court: The Magistrate takes cognizance after chargesheet — usually within 2-8 weeks.
• Framing of Charges: Within 30-60 days after cognizance, depending on court workload.
• Trial: For summary cases (less serious offences), trial can finish in 2-4 months. For warrant cases (grievous hurt), it may take 6-12 months.
• Judgment: After trial — usually within 2-4 weeks of final arguments.
• Appeal: Either party can appeal to Sessions Court within 30 days of judgment.

How Long Will the Investigation Take?

A police investigation into a school bullying case with physical assault typically completes within 30 to 60 days. The investigating officer records statements of the victim, the accused students, school staff, and any eyewitnesses. If the accused are juveniles, the police must follow the Juvenile Justice Board's procedures, which may extend the timeline slightly. The chargesheet must be filed within 90 days if the accused are in custody, or 60 days if they are on bail.

Understanding the Costs

The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.

A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.

Can the Matter Be Settled Out of Court?

Yes, but only for compoundable offences. Under BNS, voluntarily causing hurt under Section 115 is compoundable with court permission — meaning the victim can agree to settle if the accused pays compensation and apologises. However, for school bullying, settlement should not be rushed. The school's failure to act is a separate civil issue. Mediation through the CWC or a school-level committee is a good first step. If the school genuinely reforms its anti-bullying policy and the bullies show remorse, a Lok Adalat settlement can put the matter to rest. But if the victim suffered serious injury or trauma, a complete legal remedy — including compensation — is often better pursued through court.

Common Mistakes People Make

• Delaying action: Parents wait for the school to act. The longer they wait, the more the bullying escalates — and evidence disappears.
• Not documenting anything: Verbal complaints carry no weight. Without written records, the school can deny knowledge.
• Engaging a lawyer without domain experience: A general practitioner may not know how to push the police for an FIR or navigate the CWC's jurisdiction. An advocate who regularly handles child protection cases understands procedural tactics — like getting the Magistrate to direct an investigation — that can halve the timeline.
• Confronting the bullies directly: Angry parents sometimes threaten the bullies or their parents, which can backfire if the bully's family files a counter-complaint.
• Posting on social media: While it can pressure the school, it also weakens your legal case — the opposite party can argue you tarnished their reputation.
• Accepting a verbal apology from the school: Without a written safety plan and clear consequences for the bullies, the cycle repeats.

FAQs People Normally Have

Can I file an FIR without a lawyer?

Technically yes. Any person can file an FIR at a police station. But in practice, police may try to dissuade you. Having a lawyer write the complaint and accompany you to the station ensures the police take it seriously. And if they refuse, your lawyer can immediately escalate to the SP.

Will the bully be arrested if I file an FIR?

Not necessarily. For minor hurt (up to one year imprisonment), the FIR is bailable. The police may issue a notice to the accused to appear, or they may arrest them briefly and then release them on bail. For grievous hurt (seven years), arrest is more likely. The key point is that the FIR itself forces the school and the bully's family to take the matter seriously.

How do I prove the school knew about the bullying?

By keeping written records. Every complaint you submit to the school — whether by email, WhatsApp, or letter — must be dated and acknowledged. If the principal says "we received it", ask for a stamped copy. Save all replies. If the school refuses to give an acknowledgement, send the complaint by registered post. That creates legal proof of delivery.

What if my child is mentally traumatised but not physically hurt?

That still counts as harm. You can file an FIR under Section 352 BNS (criminal intimidation) if there were threats. More importantly, you can approach the CWC for counselling and support. The school's failure to protect a child from mental harm is also a breach of duty of care, and you can claim compensation in civil court.

Can I transfer my child to another school?

Yes, and sometimes that is the safest short-term solution. But do not let the school off the hook just because your child leaves. The school has a duty to all students — and if the bullies remain, they will target someone else. Pursue the legal case even after transfer to ensure the school implements reforms.

This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.

Advocate Sudhir Rao, Supreme Court of India