Mumbai: Teacher Accused of Sexually Assaulting Student Granted Bail as Court Cites ‘Consensual Relationship’ After Resignation
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A 40-year-old female teacher from a prominent Mumbai school, arrested for allegedly sexually assaulting a male student, has been granted bail by a special POCSO court, which cited the boy’s age (over 16) and a “subsequent consensual relationship” as key reasons for the relief. The case has triggered significant public debate due to its complex legal, ethical, and emotional dimensions.
The teacher was arrested on June 29 under multiple sections of the Protection of Children from Sexual Offences (POCSO) Act, Bharatiya Nyaya Sanhita (BNS), and the Juvenile Justice Act. The allegations include taking the student, then in Class 11 to isolated spots, giving him alcohol and medication, and engaging in repeated sexual acts from January 2024 to February 2025.
In her defense, the teacher claimed the First Information Report (FIR) was “motivated,” filed at the insistence of the boy’s mother who opposed their “emotional relationship.” She presented handwritten notes, affectionate texts, and even a tattoo of her name on the boy’s body as proof of mutual attachment. Her lawyers also emphasized that she had resigned from the school in April 2024 in an effort to create distance.
Special Judge Sabina Malik, while granting bail, noted that the teacher-student dynamic had “diluted” after her resignation, and that the delay in trial proceedings meant continued custody would serve no purpose. The court also took into account her role as a single mother of two 11-year-old twins, one with a respiratory ailment.
While both the prosecution and the complainant raised concerns about potential witness tampering and threats to the victim, the court ruled that strict bail conditions could address these risks. The teacher has been released on a ₹50,000 personal bond, with restrictions on contacting the victim, witnesses, or leaving Mumbai.
The court also flagged procedural lapses in her arrest, including her claim that key documents were presented in Marathi, a language she does not understand and signed under pressure. This observation was recorded as part of non-compliance under the new Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The case continues to draw sharp scrutiny, particularly over the court’s interpretation of “consent” under POCSO and the moral implications of an adult in a position of authority allegedly engaging in such a relationship with a minor.
