Kiran Raj

The Supreme Court of India, Division Bench of Justice Vikram Nath and Justice Sandeep Mehta, has ordered the transfer of investigation into the unnatural death of a 17-year-old student to the Central Bureau of Investigation (CBI), citing ineffective and failed investigation by the local police. The Court further issued binding guidelines applicable across India to all educational institutions, mandating the implementation of uniform mental health policies and protective measures to address the rising concern of student suicides. These directions, issued under Article 32 of the Constitution of India, are to remain in force until appropriate statutory frameworks are established. The directives include detailed institutional obligations aimed at ensuring the psychological well-being of students, especially within coaching centres and residential facilities.

The proceedings arose from an appeal against the judgment and order dated 14 February 2024 of the High Court of Andhra Pradesh at Amaravati in Writ Petition No. 25381 of 2023. The appellant had sought transfer of the investigation of FIR No. 148 of 2023 to the CBI. This FIR was filed following the unnatural death of the appellant’s 17-year-old daughter, who was preparing for the National Eligibility-cum-Entrance Test (NEET) at Aakash Byju’s Institute, Vishakhapatnam, and residing at Sadhana Ladies Hostel.

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On 14 July 2023, the appellant was informed by personnel of Aakash Institute at approximately 11:54 pm that his daughter had fallen from the third floor of the hostel and was taken to Venkataramana Hospital. Upon reaching the hospital on 15 July 2023, the appellant found her unconscious and on ventilator support. Dissatisfied with the treatment, he shifted her to Care Hospital where she passed away on 16 July 2023. An initial FIR under Section 174 of CrPC was registered by IV Town Police Station, and an Inquest Report was prepared.

On 10 August 2023, the appellant filed Writ Petition No. 20387 of 2023 seeking directions for collection of CCTV footage and other material evidence. The High Court appointed an Advocate Commissioner on 10 August 2023 and the petition was disposed of on 12 February 2024.

On 20 August 2023, the appellant lodged FIR No. 148 of 2023 under Sections 302 and 120 IPC at Netaji Nagar Police Station, Kolkata, against Aakash Institute, the hostel, and the hospital. The Assistant Commissioner of Police (East Sub-Division), Andhra Pradesh took up the investigation and, on 29 August 2023, filed an Alteration Memo applying Section 304 Part-II IPC and arraying certain persons including hostel warden, hostel owner, and managers of Aakash Institute as accused.

A second writ petition, Writ Petition No. 25381 of 2023, was filed on 25 September 2023 seeking CBI investigation. A third petition, Writ Petition No. 29622 of 2023, was filed on 10 November 2023 challenging the authorities’ failure to properly evaluate forensic samples and the classification of the death as suicide. The High Court disposed of the third writ petition on 14 February 2024 by directing the SHO to send preserved forensic samples to AIIMS, New Delhi. The same day, the second petition seeking transfer of investigation was dismissed on the ground that two FIRs existed in different states, placing it beyond the Court's jurisdiction.

In the appeal before the Supreme Court, it was submitted that the local police acted arbitrarily and perfunctorily, reaching a conclusion of suicide without adequate evidence and disregarding important leads. Specific allegations were raised against Venkataramana Hospital for failing to inform family or police before administering ventilation. It was submitted that no consent was obtained, and the autopsy report indicated a suspicious smell in stomach contents, suggesting possible poisoning or foul play.

Discrepancies in CCTV footage, including inconsistencies in the attire of the deceased between footage from the hostel and nearby shop, were stated. The appellant contended that the investigation ignored these aspects. Allegations were also made against senior police officials, whose public statements were allegedly misleading. The appellant further raised concerns about the roles assumed by Dr. P. Venkataramana Rao, who conducted the post-mortem, forensic analysis, and was a member of the internal medical committee, creating conflict of interest. It was also contended that the destruction of viscera compromised the investigation.

The respondents submitted that the investigation was conducted diligently and in accordance with law. The IO had visited the scene, recorded over 40 witness statements, reviewed CCTV footage, and seized relevant materials. The Alteration Memo applying Section 304 Part-II IPC was submitted. Respondents asserted that Aakash Institute only provided academic instruction and bore no responsibility for the hostel. It was further argued that the appellant was merely dissatisfied with the conclusions drawn and had failed to show exceptional grounds justifying transfer to the CBI.

The Court stated that "the power to transfer an investigation to the CBI is not to be exercised as a matter of course" and that "such a course of action is exceptional and the extraordinary jurisdiction should be invoked to this end only in rare and compelling circumstances where the interest of justice so demands." Referring to the Constitution Bench in State of West Bengal v. CPDR, the Court recorded that "this extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instil confidence in investigations."

The Court noted, "The ineffectiveness of the local police officials is clear and undeniable" and stated that "The attempt of the respondents to paint the unfortunate incident as one of suicide, relying upon vague references to the deceased being 'agitated' on the evening of 14th July, 2023, is wholly unsubstantiated." It further recorded, "There is no suicide note, no history of mental illness or depression, nor any statements by friends or classmates that corroborate the theory of suicide."

The Court stated that "glaring contradictions that remain unaddressed by the investigating agency" exist in the CCTV footage, observing, "No attempt whatsoever has been made to verify whether the girl who was seen going upstairs was none other than the deceased." The Court further stated that "the respondents’ assertion that Ms. X was in an irreversible critical state from the moment of her fall stands completely contradicted by their own records and the AIIMS Medical Board Report."

With reference to the AIIMS Medical Board, the Court observed, "The deceased was admitted in a conscious and irritable state, with a Glasgow Coma Scale score of 10/15." It recorded that "no consent, written or oral, was obtained from the appellant or any family member prior to this critical medical intervention." The Court found this to reflect "gross medical negligence but also a possible suppression of key evidence."

The Court recorded that "a deeply troubling and questionable aspect of the investigation is the consolidation of three critical forensic roles with the same medical officer." It stated that "There appears to be no justification for inclusion of the autopsy surgeon in all these roles." Regarding the destruction of viscera, the Court noted, "The RFSL, Visakhapatnam, destroyed the viscera after analysis, citing the IO’s note that preservation was 'not necessary', thereby undermining the investigation’s integrity."

The Court observed that "semi-digested rice like food particles" and "a suspicious smell" were found in the stomach contents, which it recorded as "irreconcilable with the claim that the deceased was on continuous ventilatory support." It noted the absence of the chemical analysis report and final opinion on cause of death and stated that "resistance exhibited by the respondents in providing such critical information cannot be viewed as a mere administrative lapse."

Regarding the deterioration of Ms. X’s condition, the Court observed that the Glasgow Coma Scale score dropped from 10/15 to 3/15, "suggesting that a medical or neurological failure occurred during hospitalisation." The Court recorded that these elements "point towards a potentially deeper malaise in the investigational process."

The Supreme Court set aside the impugned order dated 14 February 2024 passed by the High Court of Andhra Pradesh in Writ Petition No. 25381 of 2023. It directed that the investigation into the unnatural death of Ms. X be transferred to the CBI forthwith.

The Court directed that the Investigating Officer and concerned authorities of IV Town Police Station, Visakhapatnam, shall hand over the complete case records, including CCTV footage, forensic reports, and other materials, to the Director, CBI without undue delay. The Director, CBI, was instructed to register a Regular Case and assign the matter to a competent team under the jurisdictional Superintendent. The report shall be submitted under Section 193(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before the competent court within four months.

Considering the increasing number of suicides in educational institutions, the Court felt obliged to acknowledge and address the gravity of the mental health crisis affecting students. The Court, in exercise of its powers under Article 32 of the Constitution of India, issued the following guidelines, which shall remain in force and be binding until appropriate legislation or regulatory frameworks are enacted:

All educational institutions shall adopt and implement a uniform mental health policy, drawing cues from the UMMEED Draft Guidelines, the MANODARPAN initiative, and the National Suicide Prevention Strategy. This policy shall be reviewed and updated annually and made publicly accessible on institutional websites and notice boards of the institutes.

All educational institutions with 100 or more enrolled students shall appoint or engage at least one qualified counsellor, psychologist, or social worker with demonstrable training in child and adolescent mental health. Institutions with fewer students shall establish formal referral linkages with external mental health professionals.

All educational institutions shall ensure optimal student-to-counsellor ratios. Dedicated mentors or counsellors shall be assigned to smaller batches of students, especially during examination periods and academic transitions, to provide consistent, informal, and confidential support.

All educational institutions, more particularly the coaching institutes/centres, shall, as far as possible, refrain from engaging in batch segregation based on academic performance, public shaming, or assignment of academic targets disproportionate to students’ capacities.

All educational institutions shall establish written protocols for immediate referral to mental health services, local hospitals, and suicide prevention helplines. Suicide helpline numbers, including Tele-MANAS and other national services, shall be prominently displayed in hostels, classrooms, common areas, and on websites in large and legible print.

All teaching and non-teaching staff shall undergo mandatory training at least twice a year, conducted by certified mental health professionals, on psychological first-aid, identification of warning signs, response to self-harm, and referral mechanisms.

All educational institutions shall ensure that all teaching, non-teaching, and administrative staff are adequately trained to engage with students from vulnerable and marginalised backgrounds in a sensitive, inclusive, and non-discriminatory manner. This shall include, but not be limited to, students belonging to Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC), Economically Weaker Sections (EWS), LGBTQ+ communities, students with disabilities, those in out-of-home care, and students affected by bereavement, trauma, or prior suicide attempts, or intersecting form of marginalisation.

All educational institutions shall establish robust, confidential, and accessible mechanisms for the reporting, redressal, and prevention of incidents involving sexual assault, harassment, ragging, and bullying on the basis of caste, class, gender, sexual orientation, disability, religion, or ethnicity. Every such institution shall constitute an internal committee or designated authority empowered to take immediate action on complaints and provide psycho-social support to victims. Institutions shall also maintain zero tolerance for retaliatory actions against complainants or whistle-blowers. In all such cases, immediate referral to trained mental health professionals must be ensured, and the student's safety, physical and psychological, shall be prioritised. Failure to take timely or adequate action in such cases, especially where such neglect contributes to a student’s self-harm or suicide, shall be treated as institutional culpability, making the administration liable to regulatory and legal consequences.

All educational Institutions shall regularly organise sensitisation programmes (physical and/or online) for parents and guardians on student mental health. It shall be the duty of the institution to sensitise the parents and guardians to avoid placing undue academic pressure, to recognise signs of psychological distress, and to respond empathetically and supportively. Further, mental health literacy, emotional regulation, life skills education, and awareness of institutional support services shall be integrated into student orientation programmes and co-curricular activities.

All educational institutions shall maintain anonymised records and prepare an annual report indicating the number of wellness interventions, student referrals, training sessions, and mental health-related activities. This report shall be submitted to the relevant regulatory authority, which may be the State Education Department, University Grants Commission (UGC), All India Council for Technical Education (AICTE), Central Board of Secondary Education (CBSE), or as otherwise indicated.

All educational institutions shall prioritise extracurricular activities, including sports, arts, and personality development initiatives. Examination patterns shall be periodically reviewed to reduce academic burden and to cultivate a broader sense of identity among students beyond test scores and ranks.

All educational institutions, including coaching centres and training institutes, shall provide regular, structured career counselling services for students and their parents or guardians. These sessions shall be conducted by qualified counsellors and shall aim to reduce unrealistic academic pressure, promote awareness of diverse academic and professional pathways, and assist students in making informed and interest-based career decisions. Institutions shall ensure that such counselling is inclusive, sensitive to socio-economic and psychological contexts, and does not reinforce narrow definitions of merit or success.

All residential-based educational institutions, including hostel owners, wardens and caretakers, shall take proactive steps to ensure that campuses remain free from harassment, bullying, drugs, and other harmful substances, thereby ensuring a safe and healthy living and learning environment for all students.

All residential-based institutions shall install tamper-proof ceiling fans or equivalent safety devices, and shall restrict access to rooftops, balconies, and other high-risk areas, in order to deter impulsive acts of self-harm.

All coaching hubs, including but not limited to Jaipur, Kota, Sikar, Chennai, Hyderabad, Delhi, Mumbai, and other cities where students migrate in large numbers for competitive examination preparation, shall implement heightened mental health protections and preventive measures. These regions, having witnessed disproportionately high incidents of student suicides, require special attention. The concerned authorities, namely, the Department of Education, District Administration, and management of educational institutions, shall ensure the provision of regular career counselling for students and parents, regulation of academic pressure through structured academic planning, availability of continuous psychological support, and the establishment of institutional mechanisms for monitoring and accountability to safeguard student mental well-being.

These guidelines apply to all educational institutions across India, including public and private schools, colleges, universities, training centres, coaching institutes, residential academies, and hostels, irrespective of their affiliation. The Court clarified that these guidelines are not in supersession but in parallel to the ongoing work of the National Task Force on Mental Health Concerns of Students and are being issued to provide an interim protective architecture.

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Furthermore, all States and Union Territories shall, as far as practicable, notify rules within two months from the date of this judgment mandating registration, student protection norms, and grievance redressal mechanisms for all private coaching centres. These rules shall require compliance with the mental health safeguards prescribed herein. A district-level monitoring committee shall be constituted in each district under the chairpersonship of the District Magistrate or Collector, including representatives from the departments of education, health, and Child protection, and civil society, to oversee implementation, conduct inspections, and receive complaints. The Union of India is directed to file a compliance affidavit before this Court within 90 days, detailing steps taken to implement these guidelines, coordination mechanisms with State Governments, status of regulatory rulemaking for coaching centres, and monitoring systems. The affidavit shall also indicate the expected timeline for the completion of the report and recommendations of the National Task Force on Mental Health Concerns of Students. A copy of this judgment is to be circulated to relevant Ministries and Chief Secretaries of all States and Union Territories for immediate compliance and necessary action.

The present appeal stands disposed of accordingly. In view of the disposal of the appeal, no further orders are required to be passed on the application(s) seeking impleadment, as well as on I.A. No. 63866/2025 seeking a direction for the production of chemical/medical reports. Consequently, all such applications stand disposed of as infructuous.

The matter shall be listed again on 27th October, 2025, for receiving the compliance report.

Case Title: Sukdeb Saha versus The State of Andhra Pradesh & Ors.

Neutral Citation: 2025 INSC 893

Case Number: Criminal Appeal No(s). of 2025 (Arising out of SLP (Crl.) No(s). 6378 of 2024)

Bench: Justice Vikram Nath, Justice Sandeep Mehta