Mere negligence by educational staff during a study tour does not constitute a cognizable criminal offense.

The Petitioner’s 18-year-old son, a student at Government Polytechnic College, Ahmedabad, participated in a study tour in February 2025.

On February 18, 2025, while students were bathing in a river, the Petitioner’s son slipped from a rock and drowned.

The Petitioner submitted an application to the police to register an FIR for negligence against the college staff (Respondent Nos. 4 to 9).

Following an inquiry under Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police concluded the death was accidental, noting the deceased had moved away from the group to a different part of the river.

The Petitioner approached the High Court seeking a Writ of Mandamus to compel the registration of an FIR and a departmental inquiry.

Whether the failure of the police to register an FIR despite a written complaint of negligence violates the Petitioner's rights and warrants judicial intervention.

Whether the alleged negligence of the teaching staff in a drowning incident constitutes a cognizable criminal offense necessitating prosecution.

The court primarily applied Section 194 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the inquiry into accidental deaths.

It further invoked the principle that mere negligence or a lack of supervision by institutional staff does not automatically satisfy the ingredients of criminal liability for prosecution.

The court also exercised its jurisdiction under Articles 226 and 227 of the Constitution of India and Section 528 of the BNSS (the saving of inherent powers of the High Court).

The court evaluated the police inquiry report, which included statements from fellow students and staff present during the tour.

The evidence indicated that the incident occurred because the deceased voluntarily separated from the group to bathe in a different area and slipped while standing on a rock; there was no evidence of coercion or foul play.

The court reasoned that while the teachers (Respondent Nos. 4 to 9) were in a supervisory role, "mere negligence" in performing duties does not render them liable for criminal prosecution under the penal code.

Since the inquiry demonstrated an "absolutely accidental" death with no "aspect of criminality," the court found no legal basis to compel the registration of a criminal case.

The High Court declined to exercise its discretionary power to direct the registration of an FIR or order a departmental inquiry.

Consequently, the Petition was dismissed.