Prohibition of physical punishment and mental harassment to child
Section 17 of the Right of Children to Free and Compulsory Education Act, 2009 deals with prohibition of physical punishment and mental harassment to child. No child shall be subjected to physical punishment or mental harassment. The Act came into force on 01 Apr 2010.
(1) No child shall be subjected to physical punishment or mental harassment.
(2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person.
Section 17, The Right of Children to Free and Compulsory Education Act, 2009 (Act 35 of 2009).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sane Concieta B. Sangma vs State of Meghalaya
Court's Decision & Legal Precedent
The definition of 'child in need of care and protection' under Section 2(14) of the Juvenile Justice (Care and Protection of Children) Act, 2015 must be given a broad and purposeful interpretation and should not be treated as exhaustive but illustrative. No category of child should be excluded from the purview of the JJ Act. While teachers have authority to impose reasonable and moderate corporal punishment for disciplinary purposes under Sections 88 and 89 IPC, when a teacher exceeds this authority and inflicts unreasonable and immoderate harm, the teacher loses protection under law. The severity and nature of punishment inflicted is the distinguishing factor between lawful discipline and unlawful cruelty, and this is a matter of evidence to be determined at trial stage, not at the cognizance stage. Therefore, jurisdictional objections based on the applicability of Sections 88 and 89 IPC cannot be entertained at the stage of framing charges.
On this section: Section 17(1) provides that no child should be treated with any corporal punishment. Court noted this reflects modern legal position that corporal punishment is not recognized by law.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 17
What have the courts held on Section 17 of the Right of Children to Free and Compulsory Education Act?
Sane Concieta B. Sangma vs State of Meghalaya (31 Jan 2024) is the leading judgment on this section among those set out below: Section 17(1) provides that no child should be treated with any corporal punishment. Court noted this reflects modern legal position that corporal punishment is not recognized by law.
How do I find court cases under Section 17 of the Right of Children to Free and Compulsory Education Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: RTE Act 17, section 17 RTE Act, section 17 of the Right of Children to Free and Compulsory Education Act. People searching for it also type right of children to free and compulsory education act 2009 section 17 and section 17 1 of the right of children to free and compulsory education act 2009. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sane Concieta B. Sangma vs State of Meghalaya (31 Jan 2024).
What should I read with Section 17 of the Right of Children to Free and Compulsory Education Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 17 of the Right of Children to Free and Compulsory Education Act come into force?
Section 17 of the Right of Children to Free and Compulsory Education Act, cited as RTE Act 17, came into force on 01 Apr 2010, having been enacted on 26 Aug 2009. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.