# Sukdeb Saha v. The State of Andhra Pradesh & Ors

- **Citation:** 2025 INSC 893
- **Court:** Supreme Court of India
- **Decided:** 2025-07-25
- **Case number:** Criminal Appeal No. 3177 of 2025
- **Bench:** Vikram Nath, Sandeep Mehta
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/sukdeb-saha-v-the-state-of-andhra-pradesh-ors-38434
- **Pages:** 36

## Headnote

Issue of growing crisis of student suicides in educational
institutions; need for a preventive, remedial, and supportive
framework for mental health protection and prevention of suicides
by students; whether in the facts and circumstances of the
case, the High Court erred in rejecting the appellant's prayer for
transfer of the investigation to the CBI in the suspicious death
of his 17-year-old daughter, who was undergoing coaching for
NEET examination.
Headnotes†
Constitution of India - Art.21 - Right to Mental Health - Growing
crisis of student suicides - Mental health crisis afflicting
students in educational institutions inter alia, including
schools, coaching institutes, colleges and training centres -
Comprehensive binding interim guidelines issued:
Held: 1.1 All educational institutions to adopt and implement a
uniform mental health policy, drawing cues from the UMMEED
(Understand, Motivate, Manage, Empathise, Empower, and
Develop) 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. [Para 35]
1.2 All educational institutions with 100 or more enrolled students
to appoint/engage at least one qualified counsellor, psychologist, or
social worker with training in child and adolescent mental health -
Institutions with fewer students to establish formal referral linkages
with external mental health professionals. [Para 35]
* Author
1544
[2025] 7 S.C.R.
Supreme Court Reports
1.3 Dedicated mentors or counsellors to be assigned to smaller
batches of students, during examination periods and academic
transitions, to provide consistent, informal, and confidential support.
[Para 35]
1.4 All educational institutions to 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 -
All teaching and non-teaching staff to undergo mandatory training
by certified mental health professionals on psychological firstaid, identification of warning signs, response to self-harm, and
referral mechanisms, at least twice a year - Further guidelines
enumerated - 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 - The Department of
Education, District Administration, and management of educational
institutions, to ensure the provision of regular career counselling for
students and parents, regulation of academic pressure planning,
through structured academic availability of continuous psychological
support, and the establishment of institutional mechanisms for
monitoring and accountability to safeguard student mental wellbeing. [Para 35]
1.5 These guidelines shall 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 - These guidelines to remain
in force and be binding until appropriate legislation or regulatory
frameworks are enacted by the competent authority and 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 in the
interregnum - These guidelines shall be read as complementary
to the ongoing work of the National Task Force and would inform
and assist the National Task Force in the development of a more
comprehensive and inclusive framework. [Paras 35, 36]
2.1 Directions by Supreme Court - All States and Union Territor

## Text

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[2025] 7 S.C.R. 1543 : 2025 INSC 893
Sukdeb Saha
v.
The State of Andhra Pradesh & Ors.
(Criminal Appeal No. 3177 of 2025)
25 July 2025
[Vikram Nath and Sandeep Mehta,* JJ.]
Issue for Consideration
Issue of growing crisis of student suicides in educational
institutions; need for a preventive, remedial, and supportive
framework for mental health protection and prevention of suicides
by students; whether in the facts and circumstances of the
case, the High Court erred in rejecting the appellant's prayer for
transfer of the investigation to the CBI in the suspicious death
of his 17-year-old daughter, who was undergoing coaching for
NEET examination.
Headnotes†
Constitution of India - Art.21 - Right to Mental Health - Growing
crisis of student suicides - Mental health crisis afflicting
students in educational institutions inter alia, including
schools, coaching institutes, colleges and training centres -
Comprehensive binding interim guidelines issued:
Held: 1.1 All educational institutions to adopt and implement a
uniform mental health policy, drawing cues from the UMMEED
(Understand, Motivate, Manage, Empathise, Empower, and
Develop) 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. [Para 35]
1.2 All educational institutions with 100 or more enrolled students
to appoint/engage at least one qualified counsellor, psychologist, or
social worker with training in child and adolescent mental health -
Institutions with fewer students to establish formal referral linkages
with external mental health professionals. [Para 35]
* Author
1544
[2025] 7 S.C.R.
Supreme Court Reports
1.3 Dedicated mentors or counsellors to be assigned to smaller
batches of students, during examination periods and academic
transitions, to provide consistent, informal, and confidential support.
[Para 35]
1.4 All educational institutions to 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 -
All teaching and non-teaching staff to undergo mandatory training
by certified mental health professionals on psychological firstaid, identification of warning signs, response to self-harm, and
referral mechanisms, at least twice a year - Further guidelines
enumerated - 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 - The Department of
Education, District Administration, and management of educational
institutions, to ensure the provision of regular career counselling for
students and parents, regulation of academic pressure planning,
through structured academic availability of continuous psychological
support, and the establishment of institutional mechanisms for
monitoring and accountability to safeguard student mental wellbeing. [Para 35]
1.5 These guidelines shall 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 - These guidelines to remain
in force and be binding until appropriate legislation or regulatory
frameworks are enacted by the competent authority and 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 in the
interregnum - These guidelines shall be read as complementary
to the ongoing work of the National Task Force and would inform
and assist the National Task Force in the development of a more
comprehensive and inclusive framework. [Paras 35, 36]
2.1 Directions by Supreme Court - All States and Union Territories
to notify rules within two months from the date of this judgment
[2025] 7 S.C.R.
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Sukdeb Saha v. The State of Andhra Pradesh & Ors.
mandating registration, student protection norms, and grievance
redressal mechanisms for all private coaching centres complying
with the mental health safeguards prescribed. [Para 37]
2.2 A district-level monitoring committee to be constituted in each
district under the chairpersonship of the District Magistrate or
Collector - It may include representatives from the departments
of education, health, and child protection, civil society and
shall oversee implementation, conduct inspections, and receive
complaints. [Para 38]
2.3 Union of India to file a compliance affidavit before the Supreme
Court within 90 days from the date of the judgment detailing
the steps taken to implement the guidelines, the coordination
mechanisms established with State Governments, the status of
regulatory rule making w.r.t coaching centres, and the monitoring
systems put in place - The affidavit also to indicate the expected
time line for the completion of the report and recommendations of
the National Task Force on Mental Health Concerns of Students.
[Para 39]
Transfer of investigation to CBI - When warranted - Appellant
filed writ petition seeking transfer of investigation to CBI
following the suspicious death of his 17-year-old daughter,
who was undergoing coaching for NEET examination at
Aakash Byju's Institute, Vishakhapatnam, after falling from
the terrace of her hostel - Prayer rejected by High Court -
Interference with:
Held: Power to transfer the investigation of a criminal case to the
CBI is an extraordinary measure, which must be exercised with
great caution, and only in rare and exceptional circumstances - This
jurisdiction is not to be invoked lightly or in a routine manner, but
only where the facts of the case disclose a compelling necessity to
ensure fairness in investigation, preservation of public confidence
in the administration of justice, and protection of fundamental
rights of the parties involved - In examining the prayer made by
an aggrieved person seeking transfer of investigation to the CBI,
the Court must necessarily be guided by the strict parameters - In
the present case, the ineffectiveness of the local police officials is
clear and undeniable - 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 the incident
1546
[2025] 7 S.C.R.
Supreme Court Reports
is wholly unsubstantiated - The original and consistent version
disclosed to the appellant, both by Aakash Institute's personnel
and local police, was that the appellant's daughter had fallen from
the terrace - At no point was the suicide theory mentioned to the
appellant - The belated and unsubstantiated narrative of suicide
appears to be a post-facto justification aimed at diluting the gravity
of the incident and shielding institutional lapses - On facts, including
the glaring inconsistencies in the medical records, the autopsy report
indicating suspicious contents of stomach despite the deceased
allegedly being on ventilatory support, the unexplained lapses
in seizure and preservation of critical forensic evidence, and the
contradictory statements by authorities, collectively highlight a case
of exceptional complexity and concern - In view of the rare and
extraordinary circumstances, investigation into the unnatural death
of the appellant's daughter is transferred to CBI - Impugned order
quashed and set aside. [Paras 19, 21, 21.1, 22-24]
Constitution of India - Arts.21, 32, 141 - Growing crisis
of student suicides - Right to Mental Health, an integral
component of the right to life u/Art.21 - Mental Healthcare
Act, 2017 - ss.18, 115 - 210th Report of Law Commission of
India; statistics in the National Crime Records Bureau in its
2022 report titled "Accidental Deaths and Suicides in India",
enumerated - India's obligations under international laws,
discussed - Legislative and regulatory vacuum w.r.t a unified,
enforceable framework for suicide prevention of students -
Binding interim guidelines issued. [Paras 31-35]
Transfer of investigation to CBI - Power to transfer the
investigation of a criminal case to CBI - Parameters to be
considered, stated. [Paras 19, 20]
Case Law Cited
Amit Kumar v. Union of India, 2025 SCC OnLine SC 631; Arnab
Ranjan Goswami v. Union of India [2020] 8 SCR 222 : (2020)
14 SCC 12; State of West Bengal & Others v. Committee for
Protection of Democratic Rights, West Bengal (CPDR) & Others
[2010] 2 SCR 979 : (2010) 3 SCC 571; Shatrughan Chauhan v.
Union of India [2014] 1 SCR 609 : (2014) 3 SCC 1; Navtej Singh
Johar v. Union of India [2018] 7 SCR 379 : (2018) 10 SCC 1;
Vishaka v. State of Rajasthan [1997] Supp. 3 SCR 404 : (1997)
6 SCC 241 - referred to.
[2025] 7 S.C.R.
1547
Sukdeb Saha v. The State of Andhra Pradesh & Ors.
Books and Periodicals Cited
Jean-Jacques Rousseau, "Emile, or Education", (Ed. and Trans.)
Allan Bloom (New York: Basic Books, 1979); Jiddu Krishnamurti,
"Education and the Significance of Life", San Francisco, CA: Harper
& Row, 1953; National Crime Records Bureau (NCRB) Chapter-2
Suicides in India Accidental Deaths and Suicides in India, 2022;
Law Commission of India, Report No. 210 on the Humanisation
and Decriminalisation of Attempt to Suicide, Para 1.5 (October
2008); Teasdale, G., & Jennett, B. (1974). Assessment of coma
and impaired consciousness. A practical scale. Lancet (London,
England), 2(7872), 81- 84; Golden, K., Bodien, Y. G., & Giacino, J. T.
(2024). Disorders of Consciousness: Classification and Taxonomy.
Physical medicine and rehabilitation clinics of North America, 35(1),
15-33; Modi JP and others, A Textbook of Medical Jurisprudence
and Toxicology (Lexis Nexis Butterworths Wadhwa Nagpur 2011).
List of Websites
https://ncrb.gov.in/uploads/files/AccidentalDeathsSuicides
inIndia2022v2.pdf.
List of Acts
Mental Healthcare Act, 2017; Penal Code, 1860; Constitution
of India; Bharatiya Nagarik Suraksha Sanhita, 2023; Sexual
Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
List of Keywords
Article 21 of the Constitution of India; Mental health; Right to
Mental Health; Student mental health; Suicide; Student suicides;
Interim guidelines; Binding guidelines; Transfer of investigation
to CBI; Unnatural/ Suicide death of a student; Suspicious
circumstances; Investigation into unnatural death; Article 32 of
the Constitution of India; Article 141 of the Constitution of India;
Coaching for the National Eligibility-cum Entrance Test (NEET)
examination; Aakash Byju's Institute, Vishakhapatnam; Suicide
theory; Theory of suicide; Belated and unsubstantiated narrative
of suicide; Framework for mental health protection; Prevention of
suicides by students across all educational institutions; UMMEED
(Understand, Motivate, Manage, Empathise, Empower, and
Develop) Draft Guidelines for the Prevention of Student Suicide,
1548
[2025] 7 S.C.R.
Supreme Court Reports
2023; MANODARPAN; National Suicide Prevention Strategy;
Child and adolescent mental health; Student-to-counsellor ratios;
Educational institutions; Coaching institutes/centres; Residentialbased institutions; Tele-MANAS; Mandatory training; Mechanisms
for the reporting, redressal, and prevention of incidents; Suicide
prevention helplines; Suicide helpline numbers; Psycho-social
support to victims; Sensitisation programmes on student mental
health; Mental health literacy; Undue academic pressure; Signs
of psychological distress; Extracurricular activities; National Crime
Records Bureau; Reduce academic burden; Career counselling
services; Student mental well-being; Student protection norms;
Grievance redressal mechanisms; Beyond the jurisdiction of
Court; Need for an impartial investigation; Inconsistencies in the
medical records; Lapses in seizure and preservation of critical
forensic evidence; Contradictory statements; Not mere procedural
irregularities; Malaise in the investigational process; National Task
Force on Mental Health Concerns of Students and the Prevention
of Suicides in Higher Educational Institutions; Atma Nirbhar Bharat
Abhiyaan Yojna; National Suicide Prevention Strategy; Ministry of
Health and Family Welfare; International Covenant on Economic,
Social and Cultural Rights; The United Nations Committee on
Economic, Social and Cultural Rights; Convention on the Rights
of Persons with Disabilities, 2006; World Health Organisation's
Mental Health Action Plan; Comprehensive Mental Health Action
Plan 2013- 2020; Vishaka Guidelines.
Case Arising From
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
3177 of 2025
From the Judgment and Order dated 14.02.2024 of the High Court
of Andhra Pradesh at Amravati in WP No. 25381 of 2023
Appearances for Parties
Advs. for the Appellant:
Joydeb B. Saha, Ayush Mittal, Ms. Oshin Maggu, Zazib Siddiqui,
Gurrick Jassar, Dr. Nb V Srinivasa Reddy, M/s. V. Maheshwari & Co.
Advs. for the Respondents:
Rajkumar Bhaskar Thakare, A.S.G., Mukesh Kumar Maroria, Vivek
Gupta, Rohit Khare, Padmesh Mishra, Merusagar Samantaray,
Tanmay Mehta, Ms. Prerna Singh, Guntur Pramod Kumar, Dhruv
Yadav, P. Santhosh Kumar, Abhiram Bannur, Sravan Kumar
[2025] 7 S.C.R.
1549
Sukdeb Saha v. The State of Andhra Pradesh & Ors.
Karanam, Y. Raja Gopala Rao, Dhuli Gopi Krishna, Akshay Singh,
Ms. Sanjana Jain, Pranav Proothi, Ms. Manasi Chatpalliwar, Pulkit
Agarwal, M Srinivas R Rao, Abid Ali Beeran P, Saswat Adhyapak,
Ms. Namita Kumari, Anand Varma, Ayush Gupta, Kunal Mimani,
Abhinav Rana.
Judgment / Order of the Supreme Court
Judgment
Mehta, J.
Table of Contents*
I.
INTRODUCTION ................................................................................
2
II.
PART A: - ........................................................................................... 10
(i). Facts of the Case: - ................................................................ 10
(ii). Submissions on behalf of the Appellant: - ............................ 16
(iii). Submissions on behalf of the Respondents: - ..................... 23
(iv). Discussion & Analysis: - .......................................................... 27
(v). Conclusion: - .............................................................................. 42
III. PART B: ............................................................................................ 44
(i) Background: - ........................................................................... 44
(ii) Right to Mental Health ............................................................. 47
(iii) Guidelines: - ............................................................................. 50
(iv) Directions: - .............................................................................. 59
I.
INTRODUCTION
1.
Heard.
2.
Leave granted.
3.
The present appeal arises from the judgment and order dated 14th
February, 2024, passed by the High Court of Andhra Pradesh at
* Ed. Note: Pagination as per the original Judgment.
1550
[2025] 7 S.C.R.
Supreme Court Reports
Amravati1 in Writ Petition No. 25381 of 2023, whereby the High Court
rejected the appellant's prayer, seeking transfer of the investigation
of FIR No. 148 of 2023 to the Central Bureau of Investigation.2 The
aforesaid FIR was registered following the tragic, unnatural death
of the appellant's 17-year-old daughter, Ms. X, who was undergoing
coaching for the National Eligibility-cum-Entrance Test (NEET)
examination at Aakash Byju's Institute, Vishakhapatnam. She was
staying in a Hostel when the unfortunate incident occurred on 14th
July, 2023, leading to her untimely death.
4.
Before delving into the factual background and issues of the present
case, this Court deems it appropriate to reflect upon the broader
underlying generational societal issue, namely, the growing crisis
of student suicides in the context of contemporary education. As
articulated by numerous philosophers across history, the purpose
of education was never confined to mere academic success or
professional advancement. Rather, education was envisioned as
a means for holistic development, intellectual, emotional, ethical,
and spiritual. Jean-Jacques Rousseau, in his prominent treatise
"Émile, or On Education"3, emphasised that education must be
adapted to the developmental needs of the child and should cultivate
reason, autonomy, and emotional well-being. He warned against an
educational system that neglects the individuality of the learner in
pursuit of rigid societal expectations.
5.
Jiddu Krishnamurti, in his book "Education and the Significance
of Life,"4 noted that the function of education is to create human
beings who are integrated and therefore intelligent. Krishnamurti
cautioned against turning education into a system of conformity
and performance, warning that the mind of a child must not be
conditioned by fear, competition, or compulsion. These philosophical
foundations remind us that education is meant to liberate, not burden
the learner, and that its true success lies not in grades or rankings
but in the holistic growth of a human being capable of living with
dignity, confidence, and purpose.
1
Hereinafter being referred to as 'Andhra Pradesh High Court'.
2
Hereinafter being referred to as "CBI."
3
Jean-Jacques Rousseau, "Emile, or Education", (Ed. and Trans.) Allan Bloom (New York: Basic Books,
1979).
4
Jiddu Krishnamurti, "Education and the Significance of Life", San Francisco, CA: Harper & Row, 1953.
[2025] 7 S.C.R.
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Sukdeb Saha v. The State of Andhra Pradesh & Ors.
6.
Contrary to these ideals, the contemporary academic framework,
particularly in the context of competitive examination systems, often
subjects students to relentless psychological pressure. The very soul
of education appears to have been distorted. Increasingly, education
is perceived as a high-stakes race, a pressure-laden path toward
narrowly defined goals of achievement, status, and economic security.
The joy of learning has been replaced by anxiety over rankings,
results, and relentless performance metrics. Students, especially
those preparing for competitive examinations, are often caught in a
web that rewards conformity over curiosity, output over understanding,
and endurance over well-being.
7.
In this paradigm, life becomes a series of tests, and failure is seen
not as a part of growth but as a devastating end. In a system driven
by performance metrics, competition, and institutional rigidity, students
are often subjected to immense psychological strain, particularly in
environments geared towards high-stakes competitive examinations.
8.
In the recent past, multiple reports have emerged of student suicides
in premier educational institutions and, more particularly, coaching
centres, pointing to a pattern of despair that demands collective
introspection. These young individuals, often far away from home,
isolated in demanding academic environments, find themselves
without adequate emotional or institutional support. The culture of
silence around mental health, coupled with insufficient safeguards in
educational institutions, exacerbates their vulnerability. The gravity
of this crisis cannot be overstated, and any incident involving the
death of a student under such circumstances warrants the utmost
seriousness, not just as an isolated tragedy, but as part of a larger
systemic malaise that threatens the future of the young generation.
9.
The statistics published by the National Crime Records Bureau
('NCRB') in its 2022 report titled "Accidental Deaths and Suicides
in India"5 paint a deeply distressing picture. India recorded 1,70,924
reported suicide cases in the year 2022 (an increase from 2021 data,
i.e., 1,64,033 reported suicide cases), of which 7.6%, approximately
13,044, were student suicides. Notably, 2,248 of these deaths were
5
National Crime Records Bureau (NCRB) Chapter-2 Suicides in India Accidental Deaths and Suicides in
India, 2022. Available here. <https://ncrb.gov.in/uploads/files/AccidentalDeathsSuicidesinIndia2022v2.
pdf>.
1552
[2025] 7 S.C.R.
Supreme Court Reports
attributed directly to failure in examinations. As per NCRB data, the
number of suicides among students in the last two decades has
increased from 5,425 in 2001 to 13,044 in 2022. In the decade
beginning from 2012, male student suicides surged to 99% and female
student suicides jumped to 92%. Because of the non-recognition of
transgender/non-binary students in the previous NCRB Reports, the
data of the third gender is totally lacking from the statistics. However,
their underrepresentation should not be disregarded, as it reflects
a systemic failure to acknowledge and address the challenges
faced by transgender and non-binary students within educational
institutions. Needless to say, the abovementioned figures are not
just statistical data, but precious lives lost, young minds prematurely
silenced by pressures they were unable to bear. These figures, taken
in conjunction with emerging patterns of distress in educational
institutions, coaching centres, and residential educational institutions,
point to a systemic failure in addressing students' emotional and
mental health needs. It must be acknowledged that student suicides,
particularly those related to exam failure, are rarely the result of a
single cause. Multiple factors, both individual and systemic, direct and
indirect, contribute to such outcomes. These include low self-esteem,
unrealistic academic expectations (both self-imposed and externally
driven), impulsivity, social isolation, learning and cognitive disabilities,
and, in some tragic cases, past trauma such as physical or sexual
abuse. Equally concerning are suicides of students precipitated by
experiences of sexual assault, harassment, ragging, bullying, or
discrimination on the basis of caste, gender, sexual orientation, or
disability, which continue to remain underreported and inadequately
addressed. Each of these vulnerabilities may be exacerbated in
high-pressure environments that lack adequate emotional support
and psychological safeguards.
10. The Law Commission of India, in its 210th Report, has recognised
suicide as one of the most tragic and preventable forms of death in
our society.6 This Court has taken judicial notice of the disturbing trend
of suicides among students enrolled in educational institutions, where
intense academic competition often combines with emotional isolation,
6
Law Commission of India, Report No. 210 on the Humanisation and Decriminalisation of Attempt to
Suicide, Para 1.5 (October 2008).
[2025] 7 S.C.R.
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Sukdeb Saha v. The State of Andhra Pradesh & Ors.
caste-based discrimination, financial stress, sexual harassment, and
systemic indifference. In Amit Kumar v. Union of India7, this Court
addressed the issue of student suicides across the country and
employed the phrase "suicide epidemic" to describe the alarming
rise of students' suicide incidents in educational institutions. The
Court observed that a majority of these deaths were attributed to
failure in examinations and the unbearable pressure imposed upon
students by institutional and societal expectations.
11. This Court is therefore of the view that the present case must not
be viewed in isolation, but rather in the context of this deepening
crisis. While the legal and factual question before us concerns the
unnatural/suicide death of a student, the broader social context in
which such cases of suicide occur cannot be ignored.
12. It is in this light that the matter assumes not just legal but also moral,
societal and institutional significance. Accordingly, this judgment
is structured in two parts to address the issues in their entirety.
Part A sets out the factual circumstances of the present case and
adjudicates on the merits of the case. Part B sets out immediate
interim guidelines, aimed at laying down a preventive, remedial, and
supportive framework for mental health protection and prevention of
suicides by students across all educational institutions.
II.
PART A: -
(i). Facts of the Case: -
13. The background facts essential for disposal of the instant appeal are:
13.1. The appellant resides in West Bengal with his family. In
May 2022, the appellant's 17-year-old daughter, Ms. X, took
admission at a coaching institute, namely, Aakash Byju's Class/
Respondent no. 68 in Vishakhapatnam, Andhra Pradesh, to
prepare for the National Eligibility-cum-Entrance Test ('NEET')
examination. She got a rented residential accommodation
in Sadhana Ladies Hostel/Respondent No. 49 on the
7
2025 SCC OnLine SC 631.
8
Hereinafter being referred to as "Aakash Institute."
9
Hereinafter being referred to as "Sadhana Hostel."
1554
[2025] 7 S.C.R.
Supreme Court Reports
recommendation of Aakash Institute and took admission into
Achiever's Junior College for Class XII studies, concurrently
pursuing her NEET preparation.
13.2. On 14th July 2023, at around 11:54 pm, the appellant
received a phone call from Ravikanth, Assistant Branch
Manager (Operations) of Aakash Institute, informing the
appellant that his daughter had fallen from the 3rd floor of
the building of Sadhana Hostel at about 10:20 pm and had
sustained severe injuries and that she had been taken to
Venkataramana Hospital/Respondent No. 510 for medical
treatment. The appellant immediately called his daughter's
friend, who informed him that all the students had been
locked inside a room and that she couldn't tell what exactly
happened. The appellant's friend, Bapandas, who hails from
Vishakhapatnam, visited the Venkataramana Hospital on
15th July, 2024, around 1:15 am and found the child, Ms. X,
conscious and talking. The appellant immediately took the
first available flight to Vishakhapatnam (Andhra Pradesh)
and reached the Venkataramana Hospital on 15th July, 2023,
at 1:50 pm, where he found his daughter unconscious and
on ventilator support. The management of Venkataramana
Hospital told the appellant that his daughter had suffered a
heart attack around 4:00 am on 15th July, 2023, but couldn't
receive proper treatment due to the unavailability of a specialist
medical faculty, and thus, she was placed on a ventilator.
Being dissatisfied with the care and medical treatment being
provided to his daughter at Venkataramana Hospital, the
appellant shifted her to Care Hospital/Respondent No. 711
for better treatment. On 16th July, 2023, approximately 12:00
(noon), the appellant's daughter, while undergoing medical
treatment, passed away. On the same day, the statement
of the appellant was recorded, and thereafter, an FIR12 was
registered by IV Town Police Station under Section 17413 of
10
Hereinafter referred to as "Venkatramana Hospital."
11
Hereinafter being referred to as "Care Hospital."
12
FIR No. 177 of 2023.
13
Corresponding Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
[2025] 7 S.C.R.
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Sukdeb Saha v. The State of Andhra Pradesh & Ors.
the Code of Criminal Procedure.14 Subsequently, an Inquest
Report was prepared on 17th July 2023, and the body of the
deceased was sent for postmortem examination.
13.3. Aggrieved by the suspicious circumstances surrounding the
medical treatment provided to his daughter and dissatisfied
with the authorities' apparent reluctance to properly investigate
the matter, the appellant approached the Andhra Pradesh High
Court, by way of Writ Petition No. 20387 of 2023 under Article
226 of the Constitution of India, seeking a Writ of Mandamus,
questioning the inaction of the Commissioner of Police and the
SHO in collecting CCTV footage and other material evidence
from Sadhana Hostel, Venkataramana Hospital, and Care
Hospital in relation to the suspicious death of his daughter.
Further, the appellant sought consequential directions for the
appointment of a Court Commissioner to collect the CCTV
footage. The Andhra Pradesh High Court vide Order dated 10th
August 2023, appointed Ms. K. Priyanka Lakshmi as Advocate
Commissioner to collect and verify the CCTV footage for the
period from 1st July, 2023 to 31st July, 2023 in the presence of
the appellant. The above-mentioned Writ Petition was disposed
of by the High Court vide Order dated 12th February, 2024.
13.4. On 20th August 2023, the appellant lodged a formal FIR15 under
Sections 302 and 120 of the Indian Penal Code, 186016, at
Police Station Netaji Nagar, Kolkata, West Bengal, against
Aakash Institute, Sadhana Hostel, and Venkataramana Hospital
and others.
13.5. The Assistant Commissioner of Police17 (East Sub-Division)
Andhra Pradesh, on 27th August 2023, took up the investigation
and, after concluding the same, he filed an Alteration Memo on
29th August 2023, before the Magistrate for applying Section
304 Part-II of the IPC to the case. In this memo, the following
individuals were arrayed as accused persons:-
14
Hereinafter being referred to as "CrPC."
15
FIR No. 148 of 2023.
16
Hereinafter, being referred to as 'IPC.'
17
For Short, 'ACP.'
1556
[2025] 7 S.C.R.
Supreme Court Reports
S. No.
Name of the
Accused
Position
Accused
No. 1
M.s Gannu Kumari
Hostel Warden
Accused
No. 2
Yecheral Surya
Kumar
Owner of the Hostel
Accused
No. 3
Gangumalla Naga
Venkata Durga
Ravikanth
Assistant Branch
Manager (Operations)
of Aakash Byju's
Vishakapatnam
Accused
No. 4
Gundu Rajeshwari
Rao
Branch Manager
of Aakash Byju's
Vishakapatnam
13.6. On 25th September, 2023, the appellant filed a second Writ
Petition No. 25381 of 2023 under Article 226 of the Constitution
of India, before the Andhra Pradesh High Court, seeking
directions to transfer the investigation of the case to the CBI.
13.7. On 10th November 2023, the appellant filed third Writ Petition
No. 29622 of 2023 under Article 226 of the Constitution of
India, before the Andhra Pradesh High Court, seeking a Writ
of Mandamus, with a declaration that the authorities' failure to
properly evaluate forensic samples from the deceased's body
and their classification of the suspicious death as suicide was
illegal, arbitrary, and totally unjustified.
13.8. The Andhra Pradesh High Court, vide Order dated 14th
February 2024, disposed of the third writ petition by directing
the concerned SHO to send preserved forensic samples of
the deceased, along with samples collected from the appellant
to AIIMS, New Delhi, for DNA testing and determination of
the cause of death, with the entire exercise to be completed
within two months.
13.9. The Andhra Pradesh High Court vide Impugned Order dated
14th February, 2024, disposed of the second Writ Petition
No. 25381 of 2023 and held that since there are two FIRs
registered in two different States i.e., State of Andhra Pradesh
[2025] 7 S.C.R.
1557
Sukdeb Saha v. The State of Andhra Pradesh & Ors.
and State of West Bengal, the prayer seeking transfer of the
case to CBI, was beyond the jurisdiction of the Court.
13.10. The aforesaid order dated 14th February, 2024, of the Andhra
Pradesh High Court is assailed by the appellant in this appeal
with special leave.
(ii). Submissions on behalf of the Appellant: -
14. Learned counsel representing the appellant, vehemently and fervently
urged that the High Court gravely erred in rejecting the prayer of the
appellant, seeking transfer of the case to the CBI. In this regard, he
has advanced the following pertinent submissions:
14.1. The investigation into the unnatural and suspicious death of
the appellant's daughter, Ms. X, was conducted in a manifestly
arbitrary and perfunctory manner by the local police authorities.
Despite repeated oral and written representations made by
the appellant to the Station House Officer, IV Town Police
Station, Visakhapatnam, seeking registration of an FIR and
fair investigation, the police authorities willfully neglected
their statutory duties. Further, it was submitted that after the
statement of the appellant was recorded on 16th July, 2023,
and inquest proceedings were registered under Section 174
of the CrPC, without conducting proper investigation and
inquiry, the SHO/respondent No. 3 hastily concluded that the
appellant's daughter had committed suicide. This conclusion
was drawn despite the fact that the appellant was repeatedly
and categorically asserting that his daughter's death was a
case of unnatural death, warranting investigation under Section
302 of the IPC. The appellant even disclosed the names of
potential accused persons in his statement, yet these leads
were deliberately ignored by the investigating authorities, who
were determined to classify the case as suicide from the outset,
foreclosing any possibility of a proper and fair investigation.
14.2. The doctors and management of Venkataramana Hospital
acted in gross dereliction of their duty by initiating treatment
without informing either the police or the family members, and
by placing the deceased on ventilation without obtaining the
consent of the parents. When the appellant's daughter, Ms. X,
was admitted to Venkataramana Hospital on 15th July, 2023 at
1558
[2025] 7 S.C.R.
Supreme Court Reports
10:30 pm, she was conscious and even asked for water, as
witnessed at approximately 1:15 am on 16th July, 2023, by the
appellant's friend namely, Bapandas. Despite her precarious
condition, the doctors and other staff at Venkataramana
Hospital failed to provide proper medical treatment that could
have saved her life. The deceased was in a condition fit
for communication. However, no effort was made by police
authorities to get the statement of Ms. X, which manifests total
apathy on the part of the local authorities.
14.3. The directions issued by the Andhra Pradesh High Court
in Writ Petition No. 20387 of 2023, whereby an Advocate
Commissioner was appointed to secure CCTV footage and
relevant records, were not complied with in the true letter and
spirit. The Advocate Commissioner, appointed by the Andhra
Pradesh High Court, attempted to collect CCTV footage and
documents as directed by the Court vide order dated 10th
August, 2023, but the police officials failed to cooperate fully.
They neither seized the hard disk of the CCTV footage from
the adjacent shop, i.e., Sanghvi Lamination Shop, near which
the incident occurred, nor marked the spot of the incident, nor
collected forensic samples from the said place. The appellant
submits that these material omissions indicate a deliberate
attempt to protect the interests of the respondents, particularly
Aakash Institute, Sadhana Hostel, and Venkataramana Hospital
thereby casting a grave doubt on the bona fides and fairness
of the local police officers.
14.4. The CCTV footage, from Sadhana Hostel shows a girl
in salwar/trousers going upstairs toward the terrace at
approximately 10:25 pm on 14th July, 2023, whereas the
footage from Sanghvi Lamination Shop from 14th July, 2023,
at 10:46 pm, shows a girl in blue half pants and a T-shirt
lying down on the floor. This glaring discrepancy in apparel
indicates that the girl going upstairs in the hostel footage may
not have been the appellant's daughter, Ms. X. The police
failed to properly scrutinise and verify the CCTV footage
to confirm the identity of the said girl, yet they have hastily
concluded the case to be one of suicide. These serious lapses
establish beyond doubt that the investigation is neither fair
nor effective.
[2025] 7 S.C.R.
1559
Sukdeb Saha v. The State of Andhra Pradesh & Ors.
14.5. The conduct of senior police officials, including the statement
made by the Police Commissioner during the press conference
on 24th August, 2023, is contrary to the truth and demonstrates
the authorities' intent to shield the actual culprits. In the press
release, the Commissioner stated that the inquest report was
authored by the appellant's blood relatives, whereas in reality,
the Circle Inspector of IV Town Police Station dictated the report
and pressured the appellant not to interfere. Furthermore, the
Commissioner's statement that there was no evidence related
to Aakash Institute is in gross disregard to the fact that the
appellant had enrolled his daughter in Aakash Institute for
competitive exam preparation, and it was on the instruction
and recommendation of the management people from Aakash
Institute that she was accommodated in Sadhana Hostel. As
such, Aakash Institute was the guardian and custodian of Ms.
X and cannot abdicate its responsibility in this matter.
14.6. In the autopsy report dated 17th July, 2023, under column D
(Abdomen), there is explicit mention of a "suspicious smell"
in the stomach contents of the deceased. Despite this finding,
neither the chemical analysis report dated 4th September, 2023,
conducted by Andhra Pradesh Regional Forensic Science
Laboratory18, Visakhapatnam, nor the final opinion on the
cause of death by Autopsy Doctor P. Venkataramana Rao
dated 21st September, 2023, has been procured and placed
on record. The deliberate withholding of these vital forensic
reports strongly suggest an attempt to conceal evidence that
may contradict the theory of suicide hastily advanced by the
investigating authorities.
14.7. The formation and functioning of the Medical Committee
constituted to investigate potential medical negligence suffer
from grave irregularities. While the Superintendent of King
George Hospital, Visakhapatnam, formed a five-member
committee of doctors, strangely enough, Dr. P. Venkataramana
Rao, the autopsy doctor who had already been involved in the
postmortem examination, was also included as a sixth member
without proper notification. This triple role of the said doctor as
18
Hereinafter being referred to as 'RFSL'.
1560
[2025] 7 S.C.R.
Supreme Court Reports
an autopsy surgeon, chemical analyst, and committee member
represents an egregious conflict of interest and compromises
the independence and integrity of the medical investigation.
Moreover, the Medical Committee itself acknowledged its
limitations, stating in its report that it "has only perused the
documents submitted in the said matter without any interaction
with the doctors who have treated the patient or the relatives of
the deceased," and that it lacked "knowledge about the medical
facilities, qualifications of treating doctors and infrastructure of
the hospitals where the deceased was treated."
14.8. The appellant contends that the pathetic failure of the local
police authorities in conducting proper investigation and the
lackadaisical arraignment of certain individuals for criminal
negligence is manifested in the conflicting narratives emerging
from the CCTV footage, medical records, and eyewitness
accounts. It is thus urged that a fair, impartial, and independent
investigation can only be ensured by transferring the matter
to the CBI. The appellant has made several representations
to the State Government for the same, which have remained
unacknowledged. Furthermore, the High Court at Calcutta
in Criminal Revision No. 3541 of 2023 vide Order dated 9th
October 2023, had also stayed the second FIR filed at Police
Station Netaji Nagar, Kolkata, West Bengal.
On these grounds, learned counsel appearing for the appellant
implored the Court to accept this appeal, set aside the
impugned judgment and direct the transfer of the investigation
to the CBI, in the interest of justice and to uphold the rule of law.
(iii). Submissions on behalf of the Respondents: -
15. Per contra, learned counsel for the respondents, vehemently and
fervently opposed the submissions advanced on behalf of the
appellant and advanced the following pertinent submissions imploring
this Court to dismiss the present appeal and reject the prayer to
transfer the investigation to CBI:-
15.1. Investigation into the unfortunate death of the appellant's
daughter, Ms.