In S.C. Narang Vs. State (NCT Of Delhi), 2025 INSC 688, the Hon’ble Supreme Court held that Section 75 of the Juvenile Justice Act, 2015 cannot be used to punish Chairman of the school’s Managing Committee as he neither has actual charge of the child nor control over him/her. The appeal arose from an incident at a school wherein a four-year-old nursery student was allegedly sexually assaulted by a classmate of less than 7 years in November 2017. A police investigation was conducted, and a charge sheet was filed under Section 21 of the POCSO Act and Section 75 of the Juvenile Justice Act, 2015. The Appellant, Chairman of the school’s Managing Committee, was later summoned based on a protest petition, holding him responsible for not implementing the CCTV guidelines issued by the Directorate of Education. The Special Court attributed negligence to the appellant, citing failure to install CCTV cameras in classrooms and corridors. However, the Hon’ble Supreme Court held that Section 75 of the JJ Act applies only if the accused had “actual charge” or “control” over the child. Since the Chairman did not have direct control over the victim child and only oversaw the management of the institution, the Court found the charge under Section 75 inapplicable. Moral responsibility alone, the Court clarified, is insufficient for criminal liability under the JJ Act. As a result, the Supreme Court set aside the orders of the Special Court and the High Court, and allowed the appeal.
