Amit Kumar vs. Union Of India

2025 INSC 384

REPORTABLE

IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1425 OF 2025
(@SLP (CRL) NO. 13324 OF 2024)


AMIT KUMAR & ORS. .....APPELLANTS

VERSUS

UNION OF INDIA & ORS. …..RESPONDENTS




J U D G M E N T




Signature Not Verified
Digitally signed by
CHANDRESH
Date: 2025.03.24
12:45:33 IST
Reason:

J. B. PARDIWALA & R. MAHADEVAN, JJ.

For the convenience of exposition, this judgment is divided into the
following parts:
INDEX
A. FACTUAL MATRIX ........................................................................ 2
B. SUBMISSIONS ON BEHALF OF THE APPELLANTS ............ 24
C. SUBMISSIONS ON BEHALF OF THE RESPONDENT NOS. 2,
3, 4 AND 7 RESPECTIVELY ........................................................ 26
D. SUBMISSIONS ON BEHALF OF THE RESPONDENT NO. 5 –
IIT DELHI ........................................................................................ 30
E. ANALYSIS ....................................................................................... 41
i. Scope of Section 174 of the CrPC .................................................. 44
ii. F.I.R. under Section 154 of the CrPC ............................................ 50
F. CONCLUSION ................................................................................ 68
G. NATIONAL TASK FORCE TO ADDRESS THE MENTAL
HEALTH CONCERNS OF STUDENTS AND PREVENT THE
COMMISSION OF SUICIDES IN HIGHER EDUCATIONAL
INSTITUTIONS .............................................................................. 69





SLP(CRL) NO. 13224 OF 2024 Page 1 of 88

1. Leave granted.
2. This appeal arises from the judgment and order passed by the High
Court of Delhi, dated 30.01.2024, in Writ Petition Criminal No. 2945
of 2023 by which the High Court rejected the writ application filed
by the appellants herein declining to issue a writ of mandamus to the
Police for the purpose of registration of a First Information Report
(for short, “ F.I.R. ”) in connection with the commission of suicide
by two students - sons of the appellant no. 2 and appellant no. 3
herein respectively - while they were studying at the Indian Institute
of Technology, Delhi (for short, “ IIT, Delhi ”).
A. FACTUAL MATRIX
3. We propose to borrow the facts giving rise to this appeal straight
from the impugned judgment of the High Court. The same reads
thus:
“1. The present petition under Article 226 and 227 of
the Constitution of India has been filed by the
petitioners with the following prayers:-
"a) to issue an appropriate writ, order or
direction including a writ in the nature of
mandamus, thereby directing the police
authorities or Respondent No. 6 to register
appropriate FIRs in the cases involving the


SLP(CRL) NO. 13224 OF 2024 Page 2 of 88

deaths of the sons of Petitioner No. 2 and
Petitioner No. 3; and
b) to issue an appropriate writ, order or direction
including a writ in the nature of mandamus,
thereby directing the investigation of the cases to
be done by Respondent No. 6; and
c) to issue an appropriate writ, order or direction
including a writ in the nature of mandamus,
thereby directing the Respondent No. 6 to conduct
a thorough, impartial investigation into the caste
based atrocities being committed in the premises
of Respondent No. 5; and
d) monitor the investigation of the case; and
e) direct an independent inquiry into caste based
atrocities being committed in the premises of
Respondent No. 5; and
f) to issue an appropriate writ, order or direction
including a writ in the nature of mandamus,
thereby commanding the Respondents to ensure
strict compliance and implementation of
provisions of SC/ST(POA)Act,1989 and rules and
regulations under the SC/ST(POA) Rules 1995.
g) pass any other or further orders, as this
Hon'b1e Court may deem fit and proper in the
circumstances of the present case."
2. In brief the facts of the case are that Complaints dated
26.07.2023 and 09.09.2023 were filed by the petitioners
who are the parents of two deceased students of B.Tech
(Mathematics and Computing) at Indian Institute of
Technology, Delhi, wherein, it was alleged that one
student, namely, Ayush Ashna was found dead on
08.07.2023 at his Hostel Room No. WH-02, Seventh
Floor, Udaigiri Hostel, IIT, New Delhi and another
student, namely, Anil Kumar was found dead on
01.09.2023 in his Hostel Room No. EA-18, Ground
Floor, Vidhyachal Hostel, IIT, New Delhi. It is alleged
in the complaints that they were murdered with the


SLP(CRL) NO. 13224 OF 2024 Page 3 of 88

conspiracy of IIT Faculty members to hide the real facts
and both the students have been falsely shown to have
committed suicide. It is further alleged in the complaints
that both the students belonged to Scheduled Castes and
they had informed their parents several times regarding
caste discrimination by the faculty/staff of IIT, Delhi
and therefore, the petitioners alleged that the faculty
members are trying to save the real accused persons and
the police officials are also not investigating the matter
in a proper manner. In view of the above said
complaints, an enquiry was conducted in both the cases.
3. As per the Status Report filed by the Ld. ASC,
postmortem of the deceased Ayush Ashna was
conducted vide PM No. 1500/23, wherein the cause of
death was held to be "asphyxia as a result of hanging
due to ligature". During the course of enquiry,
statements of father, brother, other relatives and friends
of the deceased were recorded in which it was found that
the deceased had failed in some of the subjects in the
prior semester exams due to which he was under
depression. They further denied any foul play or any
suspicion regarding the death of deceased. Father of the
deceased, namely, Ramesh Kumar had later given a
written complaint in the police station, in which he
alleged that his son Ayush Ashna was facing caste based
discrimination by his hostel mates and other faculty
members during the beginning of his academic year
2019-2020 and he also suspected in the complaint that
his son could not have taken such steps and someone
might have killed his son with the connivance of faculty
members. Therefore, to clarify the facts, the grade
reports of Ayush Ashna were collected from IIT and it
was found that during the 2nd semester of year 2022-23,
he had failed in some of the subjects and got lower
grades i.e., Grade F which stands for Very Poor in 5 out
of 7 subjects. During further enquiry, several other
students of IIT, Delhi who belonged to Scheduled Castes
and Scheduled Tribes were also examined, wherein


SLP(CRL) NO. 13224 OF 2024 Page 4 of 88

none of them reported any caste-based discrimination
against any of them.
4. In the case of Anil Kumar, postmortem of the
deceased was conducted vide PM No. 2048/23 wherein
the cause of death was held to be "asphyxia consequent
to ante-mortem compression of neck by ligature".
During the course of enquiry, statements of the brother,
mother, other relatives and friends of the deceased were
recorded who stated that due to scoring less marks in
exams, deceased was under stress. They further denied
any foul play or any suspicion regarding the death of
deceased. Brother of the deceased, namely, Amit Kumar
had later given a written complaint in the police station,
in which he alleged that Anil Kumar was facing caste-
based discrimination by his teachers and other faculty
members. He also suspected in the complaint that his
brother could not have taken such steps and someone
might have killed him with the connivance of faculty
members and the faculty members are also trying to
save the real accused persons. He further alleged in his
complaint that there was some kind of bleeding from the
ears of the dead body and blood stains were scattered
all over the room and thus, the same does not appear to
be an incident of suicide.
5. Accordingly, further enquiry was conducted in the
case wherein it was found that Anil Kumar had taken
admission in IIT Delhi in 2019 vide Entry No. 2019
MT10674 in B.Tech (Mathematics and Computing) and
he was allotted Room No. SD-11, Vindhyachal Hostel at
the time of admission. During the semester period of
2020-21 and 2022-23, he got low grades in some of the
subjects. Deceased Anil Kumar extended his stay at the
hostel for the preparation of remaining subjects and
completing the course and the same was granted by the
relevant department immediately. Subsequently, he was
allotted Room No. EA-18, Vindhyachal Hostel. The
deceased could not clear some subjects and was
residing in hostel on further six months extension. As per
the rules, his hostel was to be vacated in June but as he


SLP(CRL) NO. 13224 OF 2024 Page 5 of 88

could not qualify some subjects, he was given extension
for six months to clear the exams.
6. On further verification of facts, it was revealed that
the deceased passed all the subjects in 1st year but he
later failed in two subjects out of seven subjects in 3rd
semester. Thereafter, in 4th semester he took only one
subject and failed in the same, in the following year
(2021-22) he failed to pass any subject, in 7th semester
he failed in one subject out of six subjects and finally in
8th semester he failed in two subjects out of six subjects
and therefore, he was given an extension to clear all the
subjects. Furthermore, Hostel allotment letters were
also analyzed and it was found that there was no column
revealing the category of the students as to whether
she/he belongs to SC/ST/General category in any of the
form and only entry number was mentioned in all the
forms and thus, no evidence of caste-based
discrimination against the deceased was found.”

4. Thus, it appears from the aforesaid that two young boys aspiring to
be engineers were found dead in their respective hostel rooms under
suspicious circumstances. Ayush Ashna was found dead on
th
08.07.2023 in his hostel room No. WH-02 situated on the 7 Floor,
Udaigiri Hostel, IIT, New Delhi, whereas, Anil Kumar was found
dead on 01.09.2023 in his hostel room No. EA-18 situated on the
Ground Floor of Vindhyanchal Hostel at IIT Delhi.
5. It appears from the materials on record that the father of Ayush
Ashna lodged a complaint with the Dy. Commissioner of Police,


SLP(CRL) NO. 13224 OF 2024 Page 6 of 88

South-West District, New Delhi, dated 21.07.2023, which reads
thus:

“ Seal-
OFFICE OF THE DEPUTY
COMMISSIONER OF POLICE
SOUTH WEST DISTRICT
RECEIVED BY:
DHARAMPAL
SIGNATURE : SD/
Dated:26.07.2023

Dated: 21.07.2023
To
The DCP
(South West District)
Vasant Vihar, New Delhi-l10067

Subject: Complaint against the death of Ayush Ashna s/o
Ramesh Kumar, student of 4th year B.Tech.(Mathematics
and Computing) IIT, Delhi, Hauz Khas, New Delhi-
110016.

1. The complainant is the unfortunate father of the
deceased son Ayush Ashna, student of 4th year B. Tech,
(Mathematics and Computing) BT, Delhi residing at his
room No. WH-02, Udaigiri Hostel, IIT Delhi-110016 and
with heavy heart I am formally filing a complaint
regarding the tragic death of my beloved son, Ayush
th
Ashna, on midnight of 8 July, 2023 and I believe there
circumstances surrounding his death that warrant a
thorough investigation by your esteemed department and
my son, Ayush Ashna was a 21 year old student who had
a bright future ahead of him. His sudden and unnatural


SLP(CRL) NO. 13224 OF 2024 Page 7 of 88

death has left us devastated and searching for answers.
While I recognize that all of sudden and untimely and
unnatural deaths have external causes and I have also
reason to believe that there may have been factors
contributing to his untimely and unnatural deaths, and I
implore you to investigate the matter impartially and
thoroughly and I seek a comprehensive investigation into
the events leading up to our son's untimely and unnatural
death.
2. That my deceased son Ayush Ashna was a brilliant
student from his school days, and in his first attempt he
had cracked the prestigious JEE-Advanced 2019 exam
and on the basis All India Rank in SC Category qualified
to be admitted in First year of B. Tech. (Chemical
Engineering) in IIT, Delhi in the academic year 2019 as
this was proud moment for parents and relatives as their
elder son also passed out from IIT, Delhi by completing
B. Tech. (Civil Engineering) in the same year.
3. That my deceased son, since beginning of the academic
year 2019-20 started facing caste based discrimination
by his hostel mates and other faculty members however
the complainant advised the deceased son to focus on his
study only and over the time the all things will come in
order.
4. That my deceased son Ayush Ashna was full of life and
he always remained in touch with his mother and his
elder brother as both residing in Delhi and with some
close relatives who are also residing in Delhi.
5. That my son changed his department from B.Tech
(Chemical Engineering) to Department of Mathematics
and Computing which clearly demonstrate that my son
was doing well in study and might have a bright future
ahead.
6. That he had changed his hostel residence from
Jwalamukhi Hostel to Udaigiri Hostel after his category
was disclosed in a published branch change list. He told


SLP(CRL) NO. 13224 OF 2024 Page 8 of 88

that he noticed a change in his friends behaviour as they
grew distant and rarely talked to him.
7. That after COVID-19 restrictions were lifted and all
students were allowed back to their respective hostel so
as my deceased son Ayush Ashna took, residence in
Udaigiri Hostel, IIT Campus, Delhi and was doing well
and in his study.
8. That during his final year at B. Tech., he had not
performed well in some papers and thereafter he decided
to stay in same Hostel for further studies and also
registered in a summer course conducted by Mathematics
and Computing in this regard.

st
9. That it is pertinent to mention that, 1 July, 2023 was
th
my deceased son's 20 birthday and was greeted by his
mother and brother and other near and dears and on
phone he also discussed with his elder brother about
further studies and other future prospect.

th
10. That on 5 July 2023 his elder brother and his mother
called on his phone many times but no response was
th
received and at night of 5 July 2023 the elder son and
my wife alongwith her brother went to Udaigiri Hostel
where the family of the deceased kept at dark for an hour
and later on it was disclosed by the IIT Hostel authorities
to his family present at hostel on the night of 8/9 July
2023 that the my son was left this material world by
hanging himself.

11. That after hearing this tragic and devastating news
my elder son and my wife alongwith her brother lost
conscious and went into unconscious stage as it was very
hard to believe that how my young son of age of 21 years
can take such extreme step as he had yesterday
celebrated birthday.
12. That as it was so informed, by my wife and my elder
son and my brother-in-law present at that time that the
deceased son Ayush was found hanging, from his study


SLP(CRL) NO. 13224 OF 2024 Page 9 of 88

desk with his knees resting on a small trolley bag and by
looking the body its seems that someone murdered my son
and tied rope and wires around his neck which was
attached to leg of his of four feet study table, later on
some crime team arrived and took some photographs of
the crime scene.
13. That was informed by my wife and my elder son and
my brother-in-law (mama of deceased Ayush Ashna) it is
also pertinent to mention here that by instant appearance
of sitting posture of body has been hanged by someone
else as there may not be sufficient pressure on neck in
sitting posture of person and when height of body is more
than 5.8 feet.
14. That the IIT Delhi administration since beginning of
the present tragic incident.
15. That it is highly improbable that my son can hang
himself from with the table with the height of around four
feet as my son was around 5.8 feet tall and weighed
around 75-80 kg. as it is also important to mention here
that during the periods of last four years with his stay in
IIT Delhi not a single person complained against him
about anything.
16. That IIT, Delhi as an educational institution, it is of
utmost importance to prioritize the well-being of students
specially hailed from marginalized society. The loss of my
deceased son Ayush Ashna is not just an isolated incident
but a reflection of potential systemic deficiencies in the
support and resources available to students facing caste
based discrimination and harassment I feel compelled to
bring the issue to your attention.
17. That Conduct a thorough investigation into the
circumstances leading to untimely and unnatural death of
my son Ayush Ashna and assess whether any deliberate
negligence or oversight contributed to this tragedy.
18. That the biased attitude of IIT Delhi is also neglecting
in the conduct of the IIT Delhi administration as on the
fateful night, the concerned person IIT Delhi prevented,


SLP(CRL) NO. 13224 OF 2024 Page 10 of 88

the mother, brother and mama (maternal uncle) to follow
the ambulance upto the Safdarjung Hospital and confined
the aforesaid person into IIT guest house and on 9th July
2023 ambulance booked by the person concerned present
at mortuary, Safdarjung Hospital broke down midway
and adding insult to injury replacement ambulance
arrived without equipped with freezer resultant body
decomposed rapidly and according the complainant was
forced by circumstances to perform last rites in the
honour of departed soul during midnight.
19. That the till date no FIR, has been registered against
the person/s responsible for tragic demise of my son
Ayush.
20. That, the IIT Delhi administration is in process of
suppressing vital information and playing down the
tragic demise of my son Ayush and treating it as an
another suicide case of due to study stress. And not even
considering the possibility of murdering of the student of
the marginalized society.
21. That as a grieving parents, we understand that this
investigation cannot bring our son back, but we hope that
it may shed light on the circumstances surrounding his
untimely and unnatural death of my son Ayush and
further under the facts and circumstances as explained
herein above, you are kindly requested to order for
registration of FIR against the person involved in this
well planned of our beloved young son Ayush Ashna and
thorough and impartial investigation be made into the
case against the person responsible for doing such
heinous crime.
22. That it is my sincere hope that your esteemed
department will take this complaint seriously and act
promptly to do justice. By doing so, the esteemed
department can demonstrate its commitment to the well-
being of its students hailed from marginalized society and
create a supportive environment that fosters growth and
resilience.


SLP(CRL) NO. 13224 OF 2024 Page 11 of 88

Sd/-
(Ramesh Kumar)
Father of deceased son Ayush Ashna
R/o Plot No. 26, Lane No. 8,
Rameshwaram Colony, Sacred Heart School
Bareiily-243122
M. No. 9068401586.”

6. In the same manner, on 09.09.2023, the elder brother of Anil Kumar
lodged a complaint in writing with the Station House Officer,
Kishangarh, New Delhi which reads thus:
“Dated: 09.09.2023
To,
Station House Officer
Kishangarh, New Delhi
Subject: Regarding the fearless murder of my younger
brother Anil Kumar, S/o Suresh Kumar - Village Anosa,
District Banda, Uttar Pradesh. In connection with the
brutal murder due to racial hatred at IIT Delhi,
Sir,
I, Amit Kumar S/o Suresh Kumar, Village Anosa District
Banda, Uttar Pradesh. Date 01.09.2023 in 7:25 I
received call from someone who is saying I am professor,
Aditya Mittal, who are of you Anil Kumar? I told him I
am his elder brother. Then he said that Anil Kumar has
committed suicide. After that I received lots of call from
different phone numbers.
Between the calls a college security officer named
Balram Yadav also Call me (mob no. 9650612090) and
told me that Anil Kumar committed suicide.
Then around 10:30 PM Mobile No.991632959, 1 got call
saying that I am calling from Kishangarh IIT Delhi Anil


SLP(CRL) NO. 13224 OF 2024 Page 12 of 88

Kumar committed suicide come to Delhi. I with my
brother Aashis Kumar, brother in law Vimal Kumar,
brother in law Vinod Kumar, mother Vidya Devi, wife
Sunaina devi left for Delhi.
On Dated 2-9-23 approx 7:30 AM we reached to Delhi.
We called the same mobile number of Kishangarh police
station and said, we have reached to Delhi but we are not
able to find the way to the police station, you come and
take us. Police said, you come yourself, we cannot come,
we can send you the location. I said I don't understand.
But police did not come to us.
After that I called Balram Yadav stating that I don' t know
the way to the College, please send someone to pick me
up. So they sent two guards who took us to the college
guest house and did not give us any information for the
next 2 hours. On our continued request, we were taken to
Anil Kumar's hostel Vindhyanchal. Where the gate was
locked. When we asked the college to open the lock, they
said that the key is with the police.
Then someone told that there is a window, it will be
visible from there, when I looked through the window,
there was a lot of blood on the table and floor in the room.
There were some other things lying in the room. We took
videos and photos, then after seeing all this I said that my
brother was murdered because of caste hatred. This is not
suicide, my brother cannot commit suicide. He knew very
well the situation at home and the circumstances how
were we teaching him. On 27-08-23 I sent Anil Kumar
15,000/- money for buying new mobile phone. On 29-08-
23 he called me and told me that the mobile is working
well. Then I asked him, is there anything like that? So he
told me that sometimes inappropriate case based words
are used by the teacher. Then I called 9971632959, which
is SI Dharmendra ji's mobile number, I told him that my
brother was murdered, he is not commit suicide. Our
family members were deeply shocked by Anil's murder.


SLP(CRL) NO. 13224 OF 2024 Page 13 of 88

SI Dharmendra ji asked me to come Kishangarh police
station, I again said, I do not know the way to Kishangarh
police station.
Then he said that you have to come here. At around 11:00
a.m., Balram Yadav or some other people brought us to
Kishangarh police station. At the police station, SI
Dharmendra ji showed the video on mobile and laptop, I
watched the video and told SI Dharmendra ji that this was
not suicide but murder due to caste hatred. But he did not
agree and kept saying again and again that it was suicide
not murder. Then he introduced us to SHO Sir. SHO Sir
said that his marks were low and he had failed in one
subject, due to which he committed suicide. We said,
again because of caste hatred Anil was murdered. We
have come from his college, professor Simon a madam
who was his professor told us that Anil was very good in,
studies, his marks never go down, nor can he commit
suicide still police officials said it was suicide, not
murder. Then we were made, to sign many papers and at
around 12:10 pm, the police took us to ACT Yadav Sir of
Sarojini Nagar police station, he also told us that Anil
Kumar had committed suicide because his number was
low then. I told him that 1 had talked to Anil Kumar on
29-08-23, he had told that sometimes, inappropriate case
based words are used by the teacher otherwise everything
is OK. Sir, he has been murdered. We demand CBI
investigation for my brother at approx 12:40 pm police
officer take us to Safdarjung hospital. Were got a lot of
papers signed at the police station in the hospital. When
the media persons tried to talk to us in. the hospital, the
police told us that we cannot talk to the media. We kept
requesting the police to show the body of Anil Kumar for
2 hours, but the police refused. Then before the post
mortem at 2:40 pm they took me, Vinod Kumar and
Aashis to see the body. When we saw the body of Anil
Kumar, there was red coloured cloth on the neck, we tried
to remove the cloth the police or the doctor told us that
the cloth could not be removed or nor we touch the body.
Anil was murdered because of ruthless caste hatred,


SLP(CRL) NO. 13224 OF 2024 Page 14 of 88

despite our repeated requests for the reason of asking the
police did not remove the cloth and said that a video is
being made, you can watch it. Blood was coming out from
the ears of Anil Kumar and there was a lot of smell from
the body, then we came out, after the post mortem we
asked the police to show the CCTV camera of the college
and Anil Kumar’s room. The police showed the video of
10 or 15 minutes, after that they told us this will take time
don't waste time. I. asked the police office to give us the
CCTV videos or to record the videos The policeman kept
our phones, safe in his car and said that we could not
make videos. Then we were taken to Anil Kumar's room.
There was a lot of blood and other things lying on the
table or floor of the room. Then, I told to the police that
how could this much of blood come from hanging. This is
a murder committed due to caste hatred. Then we took the
body from, the hospital and came to the Banda and after
coming to Muktidhaam we opened the body and saw that
there was soot on his mouth, hand and foot. We did videos
and photos and on 03-09-2023 at 9:45 am Ani’s last rites
were performed then I remembered ones when Anil
Kumar comes to home in may on vacation. Then he told
me that, by the some of the college teacher always used
caste indicative word and they said that 'how did you
came here, you don't have right to study, this is not for
you guys.' I called SI Dharmendra ji three four times, but
he did not pick up my call. Then I called later to asking
when will the PM report come, he said that it will be
received after 15 days, then I said why is it getting so late,
he said, this is what happens. Just like my brother Anil
Kumar was murdered on the basis of caste hatred.
Similarly, something similar happened with Ayush
student of the same department. And I have come to my
knowledge that SC caste students are treated very badly
in IIT Delhi.
I request you Sir that my brother Anil Kumar has been
murdered because of Caste Hatred. So register a case
against culprits and take legal action. I want justice.


SLP(CRL) NO. 13224 OF 2024 Page 15 of 88

Sd/-
Amit Kumar
Applicant
Dated
09.09.2023.”

7. The record further reveals that a letter was addressed by an Advocate
named Mahmood Pracha of New Delhi to the Chief Secretary,
Government of National Capital Territory of Delhi on 13.09.2023,
seeking directions to the Delhi Police to register the F.I.R. in
connection with the suspicious deaths of the two students referred to
above. The letter reads thus:
th
“Dated 13 September 2023
To
The Chief Secretary
Government of National Capital Region of Delhi
Delhi Secretariat, IP Estate,
New Delhi -110002

Subject: Request for directions to Delhi Police for
registering FIR and effective and proper
implementation of provisions of the Criminal
Procedure Code and provisions under the Schedule
Caste and Scheduled Tribes (Prevention of
Atrocities) Act and Rules made thereunder-
Regarding-
Dear Sir,
I am constrained to inform you about the caste-
based atrocities that were committed on the
members of the following families belonging to the
Scheduled Caste community due to which they have


SLP(CRL) NO. 13224 OF 2024 Page 16 of 88

lost their sons who were studying at Indian Institute
of Technology New Delhi.
The members of both the families have exercised
their rights- under Section 15-A(12) of the
Scheduled Caste and Scheduled Tribes (Prevention
of Atrocities) Act 1989 (Hereinafter referred to as
"SC/ST(POA) ACT" and Rule 4(5) of the Scheduled
Caste and Scheduled Tribes (Prevention of
Atrocities) Rules, 1995 (Hereafter referred to as
SC/ST (POA) Rules), which provide that the atrocity
victims have the right to take assistance from NGOs,
social workers or Advocates, and have sought my
assistance as an Advocate to pursue their ease as
they are facing continuous hardships, and further
atrocities, from the erring Government/police
officials in the murder of both the victims/deceased
namely Mr Anil Kumar s/o late Shri Suresh Kumar
resident of Banda District of Uttar Pradesh, and Mr.
Ayush Ashna s/o Mr. Ramesh Kumar, resident of
Bareilly, U.P.
Pursuant to their request for assistance under
Section 15-A(12) "SC/ST (POA) Act" and Rule 4(5)
"SC/ST (POA) Rules"), I have met the members of
both families of the victims/deceased, namely Anil
Kumar s/o late Shri Suresh Kumar resident of Banda
District of Uttar Pradesh, and Mr. Ayush Ashna s/o
Mr. Ramesh Kumar resident of Bareilly, U.P. After
the meetings based on the information given to me
by them, which clearly shows gross culpability on
part of police, teachers, professors, other officials,
and some of unknown students in these cases, in
helping the accused to escape the lawful
punishment, I am compelled to inform you that there
has been a flagrant violation/disobedience of most
of the mandatory provisions of the SC/ST (POA) Act
by various officials.
The brief facts of both the matters are given below
which are elaborated in the respective complaints.


SLP(CRL) NO. 13224 OF 2024 Page 17 of 88

a) Mr. Amit Kumar S/O late Shri Suresh Kumar, a
resident of Village Anousa, Distt. Banda Uttar
Pradesh presently residing at New Delhi has filed a
complaint with SHO Kishan Garh New Delhi vide
th
DD No. 71A dated 9 September 2023 and also with
the office of Deputy Commissioner of Police (DCP)
on 11/09/2023 vide diary No 11416 regarding
gruesome and brutal murder of his younger brother,
Mr. Anil Kumar, under mysterious circumstances
due to caste related atrocities and discrimination
committed on 01.09.2023 upon him in the premises
of Indian Institute of Technology, Delhi, wherein he
was studying. A copy of the said complaint is
attached herewith as Annexure-I.
b) Another complaint filed by Mr. Ramesh Kumar, a
resident of Rameshwar Colony, Bareilly with the
Office of Deputy Commissioner of Police (South
West), Vasant Vihar New Delhi on 26.07.2023 vide
diary No. 9584 regarding gruesome and brutal
murder of his son Mr. Ayush Ashna again tinder
mysterious circumstances, due to caste related
atrocities committed upon him and caste based
discrimination in the premises of IIT, Delhi, who
was studying there and residing in Udaigiri Hostel
of Indian Institute of Technology, New Delhi. A copy
of the said complaint is also attached herewith as
Annexure-II.
Needless to say that both the families are devastated
by unnatural and mysterious death of victims
(deceased persons) and they are running from pillar
to posts for the justice so that guilty are punished.
However, the Police have not registered any FIR in
either case so far.
In this regard, the following submissions are made
for your kind perusal and immediate action.
1. That in both the cases, there are serious
allegations of gruesome murder of their sons, who
were otherwise quite academically brilliant, due to


SLP(CRL) NO. 13224 OF 2024 Page 18 of 88

cast based, atrocities and discrimination in the IIT
Delhi.
2. That under the provisions of SC/ST(POA) Act,
1989, it is mandatory to lodge an FIR without any
preliminary enquiry or investigation, as mandated
under section 18 A of the Act.
3. That Rule 5 of the SC/ST (PoA) Rules, 1995 also
provides that every information relating to the
commission of an offence under the Act, if given
orally to an officer in-charge of a police station,
shall, be reduced to writing by him or under his
direction, and be read over to the informant, and
every such information, whether given in writing, or
reduced to writing as aforesaid, shall be signed by
the persons giving it, and the substance thereof shall
be entered m a book to be maintained by that police
station.
4. That the Hon'ble Supreme Court of India, in
Lalita Kumari vs State of UP has held that
"Registration of FIR is mandatory under Section
154 of the Code, if the information discloses
commission of a cognizable offence and no
preliminary inquiry is permissible in such a
situation".
5. That provisions under Section 4(2) of the
SC/ST(POA) Act, 1989 provides for certain duties of
public servant referred to in sub-section (1) that
includes -
a) to read out to an informant the information given
orally and reduced to writing by the officer in
charge of the police station before taking the
signature of the informant.
b) to register a complaint or a First Information
Report under this Act and other relevant provisions
and to register it under appropriate sections of Act;
c) to furnish a copy of the information so recorded
forthwith to the informant;


SLP(CRL) NO. 13224 OF 2024 Page 19 of 88

6. That any violations of the provisions under
SC/ST(PoA) Act and dereliction of duty referred to
in sub section (2) by a public servant entails penal
proceeding against such public servant.
7. That the section 15A of the said Act provides for
the statutory duty and responsibility of the State to
make arrangements for the protection of various
rights of the victims, their dependents as laid down
therein, and to ensure the implementation of such
rights and entitlements of the victims, and witnesses
in accessing the justice.
8. That section 17 of the said Act casts an obligation
upon the District Magistrate, or a Sub-Divisional
Magistrate, or any Executive Magistrate, or even
any Police officer, to declare such an area to be an
area prone to atrocities where such atrocities are
committed or likely to be committed and take
necessary preventive action.
9. That Section 21 provides that the State
Government shall take such measures as may be
necessary for effective implementation of the Act.
10.That Rule 3 of the SC/ST(PoA) Rules, 1995,
provides that State government shall take
precautionary and preventive measures with a view
to prevent atrocities on the Scheduled Caste and
Scheduled Tribes including identification of the area
where it has reason to believe that atrocity may take
place, constitution of a high power State-level
committee, district and divisional level committees,
or such number of other committees as it may deem
proper and necessary for assisting the Government
in implementation of the provisions of the Act, to set-
up a vigilance and monitoring committee to suggest
effective measures to implement the provisions of the
Act, etc.
11.That the provisions of other various Rules under
the SC/ST(PoA) Rules, 1995 provide for the


SLP(CRL) NO. 13224 OF 2024 Page 20 of 88

obligations and duties on the State Government such
as setting up of the Scheduled Castes and the
Scheduled Tribes Protection Cell under Rules 8,
Nomination of Nodal Officers under Rule 9 for
coordinating the functioning of the District
Magistrates, and Superintendent of Police, or other
officers authorized by them, investigating officers
and: other officers responsible for implementing the
provisions of the Act, Measures to be taken by the
District Administration under Rule 12, specific
responsibility of the state Government under Ruie 14
to make necessary provisions in its annual budget
for providing relief and rehabilitation facilities to
the victims of atrocity, to frame contingency Plan
under Rule 15 for implementing the provisions of the
Act and notify the same in the: Official Gazette of
the State Government, Constitution of State Level
high power Vigilance and Monitoring Committee
under Rule 16, District level committee under Rule
17 and Sub Divisional Level under Rule 17A, to
review the implementation of provisions of the Act,
relief and rehabilitation facilities provided to the
victims, and other matters connected therewith,
prosecution of cases under the Act, role of different
officers/agencies responsible for implementing the
provisions of the Act, etc.
12.That despite the above provisions contained in
said SC/ST (PoA) Act, 1989 and Rules made
thereunder, and directions issued by Hon'ble
Supreme Court of India in Lalita Kumari vs State of
UP, police have not yet registered FIR in both the
matters in respect of above mentioned complaints
cases, and hence flouted all the provisions of the
said Act and Rules made thereunder, but also the
provisions of Criminal Procedure Code.
In view of the above circumstances, and fact of the
above-mentioned cases, you are humbly requested
to kindly issue necessary directions to the Police to


SLP(CRL) NO. 13224 OF 2024 Page 21 of 88

lodge FIR in both the cases at tile earliest and
provide the copy of the same to the complainants.
You are also requested to kindly order for immediate
compliance of all the above-named provisions of the
SC/ST (POA) Act, 1989 and SC/ST (POA) Rules,
1995 made thereunder by the concerned officials.
You are also requested to take immediate action
under Section 4 of the SC/ST (POA) Act, 1989
against the concerned police officials of concerned
police station namely Kishan Garh, and concerned
DCP office of Vasant Vihar for not registering the
FIR and deliberately changing the true version
given by the, family members of the deceased to help
the erring police/government officials, and also
action against other officials for not undertaking
their duties as per the mandate of the Scheduled
Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, who have till now disobeyed
the above-mentioned mandatory provisions of the
SC/ST (POA) Act, 1989.

Thanking you

Mehmood Pracha
Advocate
C-66, Second Floor
Nizamuddin East
New Delhi, 110013
Ph. No. 011-41404040”


8. The record reveals that all that was done by the Police was an inquiry
under Section 174 of the Code of Criminal Procedure (for short, “ the
CrPC ”). At the end of the inquiry, the Police reached the conclusion
that the two students had committed suicide due to depression. In


SLP(CRL) NO. 13224 OF 2024 Page 22 of 88

other words, the Police closed the matter saying that the two students
were unable to cope up with the pressure of their respective studies
and in such circumstances they both committed suicide in their
respective hostel rooms.
9. However, the fact remains that at no point of time the Police thought
fit to register the F.I.R. in accordance with the provisions of Section
154 of the CrPC and carry out the investigation in accordance with
law, more particularly when complaints were lodged - one by the
father and another by the brother of the two students prima facie
disclosing commission of a cognizable offence.
10. In such circumstances referred to above, the appellants herein
preferred a writ petition before the High Court of Delhi and prayed
for issuing a writ of mandamus to the Police to register an F.I.R. and
undertake the investigation.
11. The Delhi High Court declined to entertain the writ petition and
rejected the same.
12. In such circumstances, the appellants are here before this Court with
the present appeal.


SLP(CRL) NO. 13224 OF 2024 Page 23 of 88

B. SUBMISSIONS ON BEHALF OF THE APPELLANTS
13. The appellants in their written submissions have stated thus:
“i. That the present Written Submissions are being filed
by the Petitioners in terms of the Order dated 07.01.2024
passed in the present SLP.
ii. That the Petitioners have filed the present SLP against
the impugned Order dated 30.01.2024 passed by the
Hon’ble High Court of Delhi in Writ Petition (Criminal)
No. 2945 of 2023, whereby the Writ Petition filed, inter
alia, by the Petitioners for registration of FIRs in respect
of the death of two students of the IIT Delhi, i.e. the
respective sons of the Petitioners No. 2 and 3, was
dismissed.
iii. That despite categorical Complaints (Annexure P-1 @
page 56 of the SLP and Annexure P-2 @ page 63 of the
SLP) given by the Petitioners, which disclosed several
cognizable offences, the Police had failed to register the
FIRs. The Police had merely conducted an eyewash
inquiry as part of the inquest proceedings, and had
recorded false statements attributed to the Petitioners
and their family members (Please refer to Paragraph 10
of the Counter Affidavit, and respective Paragraph Wise
Rejoinders filed by the Petitioners) in order to present a
case of suicide of the deceased students. It is submitted
that the Petitioners No. 1 and 2 had stated in their
Complaint itself (Annexure P-2) that they had been asked
to sign on several papers without being informed about
their nature.
iv. That the Petitioners had filed the Writ Petition before
the Hon’ble High Court on account of the extremely
biased and prejudicial conduct on part of the concerned
Police officials, who had categorically stated that they
would not register an FIR under any circumstances, and
would be willing to face any consequences (Please refer
to Paragraph 13 of the original Writ Petition Annexure
P-4 @ page 96 of the SLP). The Petitioners had also,


SLP(CRL) NO. 13224 OF 2024 Page 24 of 88

inter alia, sought a CBI investigation before the Hon’ble
High Court, and monitoring of such investigation. As
such, in these circumstances, an application under
Section 156(3) of the CrPC was not an efficacious remedy
for the Petitioners.
v. That it is further submitted that the Hon’ble High Court
had failed to appreciate that even if the case of the Police
is taken at its face value, and it is assumed that the
students died due to suicide, it is still incumbent on the
Police to register the FIRs on the Complaints made to it,
and investigate the abetment of such possible suicide
within the campus of the IIT Delhi.
vi. That it is submitted that the IIT Delhi Administration
had failed to put forth its case before the Hon’ble High
Court, and has failed to even appear before this Hon’ble
Court despite service, to present its version of events, and
its stand. There has been no manner of support or
assistance by the IIT Delhi Administration for the parents
and the family members of the deceased students. It is
submitted that such oblivious and disinterested conduct
on part of the IIT Delhi Administration, towards a case
involving the death of its two students within its campus
in a span of less than two months, further strengthens the
case of the Petitioners that an investigation is necessary
into these deaths.
vii. That it is submitted that the Police has, for the first
time before this Hon’ble Court, placed on record the Post
Mortem Reports of the deceased students and the
purported statements recorded during the inquest
proceedings, including those stated to have been given by
the Petitioners and their family members. It is submitted
that the statements attributed to the Petitioners and their
family members are doctored and false, which is besides
the fact that the Hon’ble High Court had failed to call for
these documents from the Police, and had simply relied
upon a concocted Status Report, contents whereof had
been categorically rebutted by the Petitioners.


SLP(CRL) NO. 13224 OF 2024 Page 25 of 88

viii. That it is settled law that at the stage of registration
of FIR, the Police has to simply consider whether a
cognizable offence is made out or not, from the
information/complaint. It is submitted that in violation of
the settled proposition of law, and in complete derogation
of the procedure prescribed by the Code of Criminal
Procedure, 1973 (as was then applicable), and Section
18A of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, the Police has
conducted a detailed inquiry without registering an FIR
for the sole purpose of substantiating a predetermined
conclusion, i.e., that the deceased students had committed
suicide due to academic pressure. It is submitted that the
record itself reflects that the deaths of these students
require detailed and thorough investigations, which
cannot be initiated, let alone concluded, without
registration of FIRs.
ix. That hence, it is submitted that this Hon’ble Court may
kindly be pleased to issue necessary directions for
registration of the FIRs into the deaths of the deceased
students, investigation by the Central Bureau of
Investigation (CBI), and may kindly be pleased to
monitor the investigation.”
C. SUBMISSIONS ON BEHALF OF THE RESPONDENT NOS.
2, 3, 4 AND 7 RESPECTIVELY
14. The respondent nos. 2, 3, 4 and 7 in their written submissions have
stated thus:
“1. Names of deceased:
(i) Ayush (death on 08.07.2023)
(ii) Anil (death on 01.09.2023)
2. Complaints dated 28.07.2023 & 9.9.2023 were lodged before
Police by parents of deceased alleging caste-based
discrimination in the hostel and that they have been murdered.


SLP(CRL) NO. 13224 OF 2024 Page 26 of 88

3. Then WP (Crl.) No. 2945 of 2023 was filed before the Hon’ble
High Court of Delhi praying for direction to register FIR and an
independent inquiry in caste-based atrocities.
4. In view of the above said complaints, it submitted that a fair
enquiry was conducted under Section 174 CrPC in both the cases
which is as follows:

A. IN CASE OF DECEASED AYUSH ASHNA
i. On 8.7.2023: Upon receiving a PCR call regarding suicide of
a student in Udayagiri Hostel, IIT Delhi, police officials reached
th
the spot i.e. Room No. WH-02 7 floor, Udayagiri Hostel, IIT,
New Delhi.
In the presence of IIT staff, mother, brother of deceased and
maternal uncle of deceased, the door of the room which was
locked from inside was broken wherein it waw found that Ayush
was found hanging.
Post Mortem Report (R-1 @pg. 11-13) : Death is due to asphyxia
as a result of hanging due to ligature. However, viscera has been
preserved to rule out any concomitant poisoning/intoxication.
ii. Annexure R-3 @ pg. 17-42
During the course of enquiry, statements of Father, Brother and
other relatives/friends of the deceased was recorded in which it
was found that Ayush Ashna had failed in some of the subjects in
prior semester exams due to which he was under depression and
because of that he might have taken this extreme step. They
further denied any foul play or any suspicion regarding the death
of Ayush.
a. Ramesh (Father of Ayush): Ayush took this step under
depression. He does not have any doubt on death of his son.
b. Rahul (Brother of Ayush): I am also IIT Delhi pas out. Ayush
was under depression due to failing. The hostel door was broken
in front of us.
Ayush had committed suicide on table by plastic rope and
extension wire. There is only one way entry and exit to the room


SLP(CRL) NO. 13224 OF 2024 Page 27 of 88

of my brother, which was locked from inside. I do not have any
doubt on death of my brother.
c. Sushma (Mother of Ayush): He was not picking calls since
morning of 8.7.2023. He was in tension due to failing in one or
two subjects, room as broken in front of us, I do not have any
doubt on death of my son.
d. Praveen (Professor and in charge SC/ST Cell: since his
appointment in SC/ST cell, he never received any complaint of
caste based discrimination from Anil and Ayush.
e. Geratony Abhishek (student): Both Late Anil Kumar and
Ayush were students of my class. I am also studying in extended
period and both students were also studying in extended period.
He had received one WhatsApp message from Ayush regarding
his one semester due. There was no caste based discrimination
with the deceased. I also belong to SC caste but there was never
any caste based misbehaviour with me and there is no partition
on caste basis.
f. Kaushal Verma (student): Being from SC category I have never
faced any caste based remarks.
g. Pritish (student): Late Anil and Ayush were also studying in
extended period. There is no discrimination on caste basis. I am
also from SC and there has never been any misbehaviour.

iii. Annexure R 4@pg. 43
Grade reports of Ayush Ashna were collected from the IIT and it
nd
was found that during the 2 semester period of year 2022-2023,
he had failed in some of the subjects and got lower grades (Grade
F, in 5 out of 7 subjects which stands for Very Poor.

B. IN CASE OF DECEASED ANIL KUMAR
i. It is submitted that on dated 1.9.2023, a PCR call was received
regarding suicide of student in Vindhayachal Hostel, IIT Delhi.
On reach the spot i.e. Room No. EA -18, Ground Floor,
Vindhayachal Hostel, IIT, New Delhi, it was found that the same
was locked and smell was coming from inside. Accordingly, in
the presence of IIT staff members and the police, the door of the
room was broken. Anil was found hanging from the ceiling fan


SLP(CRL) NO. 13224 OF 2024 Page 28 of 88

of his room with the help of bedsheet and towel. The body was in
a decomposed state.
Post Mortem Report (R-2@pg 14-16):
“Death is due to asphyxia consequent to ante-mortem
compression of neck by ligature”.
Annexure R-3 @pg. 17-42:
Statements of brother Amit, mother, hostel staff and friends were
taken who stated that Anil was under depression due to less
marks:
a. Amit (brother of Anil): Anil was student of 2019-2023 session,
for 2 years he stayed at home. On 30.8.2023, I talked with Anil
and he was under depression due to fail and less marks in
exams. On 01.09.2023, I got a call from IIT that Anil has
hanged himself from a ceiling fan. I have no doubt but enquiry
be done.
b. Vidya Devi (Mother of Anil): For 2 years he stayed at home
due to lockdown, due to less marks Anil was under depression,
enquiry be done.
c. Naveen Kumar (student): Anil was my classmate and his room
was near to my room. His position in studies was not good.
Anil never complained about caste discrimination, and he
always remained alone and did not talk with others. I have
never seen or heard any caste-based discrimination.
d. Vaibhav Shivrani (student): I am house secretary in
Vindhyachal Hostel and my work is to forward the complaint
of students and there was never any issue of ST/SC with Anil.
e. Anil Nawani (Security Inspector): Guard of Vindhyachal
Hostel called on 1.9.2023 that bad smell is coming from room
No. EA-18. The window was opened from behind of the room
and deceased was seen hanging from fan.
f. Kailash Meena (student of Room No. EA-17): Foul smell was
coming and on knocking room no. EA-18 there was no
response and just below the door yellow liquid was seen and
flies were there, informed the guard.
ii. On 09.09.2023 Amit Kumar (Petitioner/brother of the deceased)
gave a written complaint in the police station, alleging caste-


SLP(CRL) NO. 13224 OF 2024 Page 29 of 88

based discrimination by his teachers and other faculty members
and murder. He had also alleged that there was some kind of
bleeding from ears of the dead body and blood stains were
scattered all over the room which cannot be an incident of
suicide.
iii. Accordingly, further enquiry was conducted. It was found
there was no column revealing the category of the student
whether he/she belongs to SC/ST/General category in any of the
forms, only entry number was mentioned in all the forms.
Annexure R-4 @pg. 44 : He failed in two subjects out of seven
subjects in IIIrd semester. In IVth semester he took only one
subject and he failed in the same. In next year (2021-2022) he
did not pass any subject. In VIIth semester he failed in one
subject out of six. In VIIIth semester he failed in two subjects out
of six subjects. He was given an extension to complete his
subjects.


5. In the Hostel allotment letters it was found that there was no
column revealing the category of the students as to whether
she/he belongs to SC/ST/General category in any of the form.

6. The Hon’ble High Court found that no complaint was ever given
by any of the deceased students to the police, SC/ST cell of IIT
Delhi or to any of their friends regarding caste-based
discrimination and held that mandamus as prayed cannot be
issued in the present case.

7. That, during the course of enquiry, the allegations levelled could
not be corroborated and nothing came on record to substantiate
the same.”
D. SUBMISSIONS ON BEHALF OF THE RESPONDENT NO. 5
– IIT DELHI
15. IIT, Delhi in their written submissions have stated thus:


SLP(CRL) NO. 13224 OF 2024 Page 30 of 88

“1. That the present Special Leave Petition has been
preferred against impugned Final Order and Judgment
dated 30.01.2024 passed by the Hon’ble High Court of
Delhi in Writ Petition (Criminal) No. 2945 of 2023,
whereby the Hon’ble High Court rightly dismissed the
Writ Petition as it was devoid of merits.
2. Briefly stated that both Mr. Anil Kumar and Mr. Ayush
Ashna were students of B. Tech in the Indian Institute of
Technology, Delhi (hereinafter referred to as “ IIT,
Delhi ”) and that Petitioner no. 1 and Petitioner no. 2 are
the brother and mother of Anil Kumar and Petitioner No.
3 is the parent of Ayush Ashna.
3. That Mr. Ayush Ashna was found dead on 08.07.2023
at his Hostel Room No. WH-02, Seventh Floor, Udaigiri
Hostel, IIT, New Delhi and another student, namely, Mr.
Anil Kumar was found dead on 01.09.2023 in his Hostel
Room No. EA-18, Ground Floor, Vindhyachal Hostel,
IIT, New Delhi.
4. It is pertinent to mention at this juncture that the death
of both the students were approximately two months apart
and both the deaths cannot be interlinked to each other
in any way.

Brief facts surrounding the death of Mr. Ayush Ashna:
5. That on the night of 8th July 2023, at approximately
2300 hrs., Ayush Ashna's mother called the reception of
Udaigiri hostel and informed the guard on duty that her
son Ayush Ashna, resident of Room No. WH-02, was not
answering his phone. She also requested the guard to
look for him.
6. Subsequently, the guard went to Room No. WH-02 and
found that it was locked from inside. The guard knocked
several times, and on not receiving any response,
immediately reported the matter to the Security Control
room as per protocol. The Security team rushed to the
hostel room and knocked, but there was still no response.


SLP(CRL) NO. 13224 OF 2024 Page 31 of 88

7. The Security staff then looked inside the room through
the ventilator and saw what appeared to be a non-moving
body with the neck rolled to one side, hanged to an
inverted study table. The matter was immediately
reported to Delhi Police and other IIT Delhi authorities.
IIT Delhi authorities reached the hostel main gate within
minutes and almost simultaneously and independently,
without having any further contact with the Answering
Respondent, the student's mother, brother, and maternal
uncle also arrived at the hostel.
8. That while the Hostel warden was speaking with the
student's parent/relatives, Delhi police PCR also reached
the hostel main gate. The situation was now under the
charge of Delhi Police who took over and reported the
matter as per law.
9. It is submitted that at this juncture, everyone present,
including the family was informed by the Police of the
tragedy. The Police took over the scene and initiated their
official procedures. When the family requested that they
be allowed to go inside the room, the Police said that the
Crime Branch was on the way and asked them to wait for
the Inquiry Officer (hereinafter referred to as “ I.O. ”) to
arrive at the spot.
10. Thereafter, within another few minutes, the Police
team from the Kishangarh Police Station arrived. The
police then broke open the room door following due
procedure, and in the presence of the family; inside a
body was discovered and identified by the family as that
of Ayush Ashna.
11. Two doctors from the IIT Delhi hospital confirmed the
body to be lifeless. Subsequently, the crime branch also
arrived, took charge of the scene, and spoke with the
family.

Post suicide information


SLP(CRL) NO. 13224 OF 2024 Page 32 of 88

12. The tragic news was a shock to all present. IIT Delhi
personnel provided all possible assistance during this
challenging time and faithfully followed all instructions
from the Police and Crime Branch. All possible support
for the family was ensured, including a medical doctor
and a counsellor was provided by IIT Delhi.
13. It is submitted that IIT Delhi is fully committed
towards the safety and security of its students. After
receiving the telephone call from the student's mother, IIT
Delhi security responded and acted as swiftly as possible
and informed the Delhi police immediately- all within 30
minutes of the initial telephone call. Delhi police also
arrived most promptly within minutes.
14. It is submitted that as per the postmortem report of
the deceased Ayush Ashna, the cause of death was held to
be asphyxia as a result of hanging due to ligature.
15. Thereafter, an enquiry was conducted to understand
the cause of death. During the course of enquiry,
statements of father, brother, other relatives and friends
of the deceased were recorded in which it was found that
the deceased had failed in some of the subjects in the
prior semester exams due to which he was under
depression.
16. Consequently, the grade reports of Ayush Ashna were
seen and it was found that during the 2nd semester of year
2022-23, he had failed in some of the subjects and got
lower grades i.e., Grade F which stands for Very Poor in
5 out of 7 subjects.
17. It is pertinent to mention herein that no complaints
regarding any caste-based discrimination have been
found and there is no record of any complaint being
received from the deceased or any of his family members
since 2019-2020 by the College authorities. It is further
pertinent to note that during the enquiry, the relatives of
the deceased denied any foul play or suspicion regarding
the death of the deceased.


SLP(CRL) NO. 13224 OF 2024 Page 33 of 88

18. Thereafter, father of the deceased, namely, Ramesh
Kumar gave a written complaint to the police station on
26.07.2023, wherein it was alleged that his son Ayush
Ashna was facing caste-based discrimination by his
hostel mates and other faculty members during the
beginning of his academic year 2019-2020 and he also
suspected in the complaint that his son could not have
taken such steps and someone might have killed his son
with the connivance of faculty members.
19. That IIT Delhi took due consideration to the
complaint filed by the deceased student’s father and
therefore submitted a point-by-point response dated
14.08.2023 to the representation made by Mr. Ramesh
Kumar to clarify his doubts regarding his Complaints
surrounding his son’s death.

Brief facts of case surrounding the death of Mr. Anil
Kumar:
20. It is submitted that Anil Kumar had taken admission
in IIT Delhi in 2019 in B.Tech, Mathematics and
Computing and he was allotted Room No. SD-11,
Vindhyachal Hostel at the time of admission. During the
semester period of 2020-21 and 2022-23, he got low
grades in some of the subjects.
21. That the deceased Anil Kumar extended his stay at the
hostel for the preparation of remaining subjects and
completing the course and the same was granted by the
relevant department immediately. Subsequently, he was
allotted Room No. EA-18, Vindhyachal Hostel.
22. It is submitted that the deceased could not clear some
subjects and was residing in hostel on further six months
extension. As per the rules, his hostel was to be vacated
in June but as he could not qualify some subjects, he was
given extension for six months to clear the exams.
23. It is submitted that the deceased passed all the
subjects in 1st year but he later failed in two subjects out


SLP(CRL) NO. 13224 OF 2024 Page 34 of 88

of seven subjects in 3rd semester. Thereafter, in 4th
semester he took only one subject and failed in the same,
in the following year (2021-22) he failed to pass any
subject, in 7th semester he failed in one subject out of six
subjects and finally in 8th semester he failed in two
subjects out of six subjects and therefore, he was given an
extension to clear all the subjects. Therefore, in toto, the
deceased Anil Kumar was failing in two subjects out of
seven subjects in 3rd semester, in 4th semester he took
only one subject and failed in the same, in the following
year he failed to pass any subject, in 7th semester he
th
failed in one subject out of six subjects and in 8 semester
he failed in two subjects out of six subjects.
24. It is pertinent to note that the students are nowhere
required to reveal the category as to whether the students
belong to SC/ST/General category. Hostel allotment
letters also prove that there was no column revealing the
category of the students in any of the form and only entry
number was mentioned in all the forms and thus, no
evidence of caste-based discrimination against the
deceased was found.
25. That on the evening of 1st September 2023, at around
5pm, a student residing in one of the ground floor wings
in Vindhyachal hostel reported a foul smell to the hostel
caretaker. Thereafter, it was found that the neighbouring
room’s door was locked from inside and glass panes of
the grilled window facing the hostel basketball court were
also shut with the curtains drawn.
26. Consequently, the warden and security were
immediately called, who then reached the hostel. The
security unit pried open the window-pane from outside
and undrew the curtain. They discovered a hanging body.
Post suicide information
27. The security immediately called the police and the
warden informed the Dean Student Affairs. The Dean and
Associate Dean reached Vindhyachal hostel within
minutes. Three Counsellors were also immediately


SLP(CRL) NO. 13224 OF 2024 Page 35 of 88

called, and arrived within minutes, to talk to other
residents of the hostel.
28. By approximately 06:10 PM, the police and fire
department personnel arrived at the hostel, followed by
Crime branch. The Chief Medical Officer of IIT Delhi
was also called, who immediately arrived at the hostel.
The police then took over the proceedings, the ACP
arrived at approximately 07:10 PM and their fire
personnel broke the door open at approximately 07:15
PM. The body was identified as that of student Anil
Kumar residing in the room as per records.
29. Immediately, upon identification of the body, IIT
Delhi officials tried contacting the mobile numbers of
family, provided as per the student records. By
approximately 1930 hrs., Mr. Amit Kumar, elder brother
of the student, could be contacted on the phone. He was
informed of the tragic loss and was requested to reach IIT
Delhi at the earliest possible. Mr. Amit Kumar informed
that they had lost their father a few months ago, and at
the present time the whole family was in their village 600-
700 Km away from Delhi. They will try to reach by the
morning of 2nd Sept. 2023.
30. Thereafter, Director, Dy. Director Operations,
Registrar, Dy. Registrar Student Affairs also reached the
hostel. An ambulance was called and the police took
custody of the body at approximately 2050 hrs. for
transporting to the Safdarjung hospital mortuary.
31. Thereafter, postmortem of the deceased was
conducted vide PM No. 2048/23, wherein the cause of
death was held to be “asphyxia consequent to ante-
mortem compression of neck by ligature”.
32. It is submitted that Mr. Amit Kumar, along with his
family, reached IIT Delhi faculty guest house by
approximately 0730 hrs. on the morning of 2nd Sept.
2023. Warden, SC/ST Liaison Officer, former SC/ST
advisor, Head Counsellor, Director, Dean, Associate
Dean met with the family. On their request, family were


SLP(CRL) NO. 13224 OF 2024 Page 36 of 88

taken to Vindhyachal hostel to look at the student's room
from outside.
33. During the course of enquiry, statements of the
brother, mother, other relatives and friends of the
deceased were recorded who stated that due to scoring
less marks in exams, deceased was under stress.
34. It is pertinent to mention herein that the family and
relatives of deceased further denied any foul play or any
suspicion regarding the death of the deceased.
35. Academically, Anil Kumar had finished a little less
than 50% of the 150 credits required for the award of a
BTech degree. He was identified as a student who was
underperforming academically. His advisor reached out
to him; unfortunately, a meeting did not materialize.
36. Outside of academics, he had not approached the
counselling unit for any assistance. In the first week of
June 2023, he had informed the hostel caretaker, while
beginning his extended hostel stay, that he had lost his
father. Below is the hostel residence history of Mr. Anil
Kumar (2019MT10674) as per records:
(i) Pre-pandemic: Resident of Vindhyachal hostel
from 15th July 2019 till vacating due to pandemic.
(ii) Post-pandemic: Resident of Vindhyachal hostel
th
from 19 April 2022 till current date. After
completion of applicable tenure of 8 semesters, the
student requested extension of stay for completion of
remaining credits on 1st June 2023 (extension request
form was duly recommended and forwarded by
Course Advisor and Head of Department of
Mathematics). Extension of stay was granted as per
st
rules, either till end of 1 Sem 2023-24 or 26th Dec.
nd
2023 (whichever is earlier), on 2 June 2023.
37. It was only on 09.09.2023, that Mr. Amit Kumar
(brother of Anil Kumar) gave a written Complaint in the
Police station, wherein he alleged that Anil Kumar was
facing caste-based discrimination by his teachers and
other faculty members. It is pertinent to bring to the


SLP(CRL) NO. 13224 OF 2024 Page 37 of 88

notice of this Hon’ble Court that this is the first time any
such Complaint of caste-based discrimination was being
heard of from the deceased or his family.

Submissions:
38. That it is the policy of the institution that before the
start of every semester, students who have previously
underperformed academically are identified. Then they
are advised to take a slower pace academic program to
avoid overburdening. Their respective faculty advisors
are notified as to their deteriorating academic
performance and are asked to contact their advisees for
any help with the scholastic pursuits. Thereafter, the
faculty advisors contact the students, and on a regular
basis continue to contact, to discuss any issues that they
might have with respect to their course and graduation
plans.
39. During the time relevant for the present case, the
same procedure was followed and about 10% of students
were recommended for counselling sessions through this
intervention, and a handful of students were identified as
requiring language support.
40. It is submitted that the institution takes every
complaint regarding caste-based discrimination with
utmost seriousness and the apprehensions of the parents
of the deceased were also duly considered. In this regard,
a thorough enquiry was conducted wherein statements of
family and friends of the deceased were recorded and
several other students of IIT, Delhi who belonged to
Scheduled Castes and Scheduled Tribes were also
examined. During this enquiry, not even a single
assertion cropped up which suggested that the deceased
students were murdered in the campus and as a matter of
fact, none of those students had ever reported any caste-
based discrimination either by any faculty members or
anybody else within the institution.


SLP(CRL) NO. 13224 OF 2024 Page 38 of 88

41. It is also pertinent to mention herein that no
complaint was ever given by either of the deceased
students to the Police or to the SC/ST Cell of IIT, Delhi
regarding any caste-based discrimination. Moreover, in
order to mitigate the possibility of bigotry and
discrimination amongst the students, it is the policy of the
institution that no person, except the Dean of Academics,
is aware about the category to which any student belongs
and all students are treated equally in the campus by all
the staff members. It is further submitted that the students
are not required to disclose their castes in any other
forms filled by them during their time at IIT Delhi.
42. That in order to bring forth the actual facts of the
death of the deceased students, a detailed enquiry was
conducted, wherein all relevant materials were collected
and subjected to rigorous scrutiny. In the absence of any
specific allegation or even an iota of evidence in the
enquiry suggesting any caste-based discrimination in the
present case or that the deceased committed suicide for
any reason other than weary academic load, it is humbly
submitted that there are no grounds for either
registration of FIR or directing CBI to investigate the
matter in the present case and the same deserves to be
dismissed.
43. It is submitted that IIT Delhi is fully committed to the
physical and mental well-being of all the students,
including those belonging to marginalized groups. It is
the top priority of the answering respondents to eradicate
caste-based discrimination and/or any form of
harassment from the academic pursuits of its students. IIT
Delhi makes conscious efforts to encourage, counsel and
motivate the students.
44. IIT Delhi has a zero-tolerance policy for any
discrimination inflicted by any person in the campus and
stringent steps are taken to expunge such possibilities.
The institution ensures that any systemic deficiencies that
can be identified are immediately addressed.


SLP(CRL) NO. 13224 OF 2024 Page 39 of 88

45. It is submitted that in order to aid the scholastic
journey of the students at IIT Delhi, each undergraduate
student in the Institution is allotted a faculty advisor. This
information is constantly reflected on the institute
academics portal, which is routinely accessed by each
student for various purposes, including fees payment and
registration for courses. The advisors are also informed
of their advisees on their respective academics’ portal.
Advisees can meet their advisor at any time to discuss
their issues.
46. Further, a Board of Student Welfare (BSW) has also
been established at the Institute which assists in ensuring
student wellness and addressing mental health issues. In
addition to being led by an elected student General
Secretary, this board is also mentored by several faculty
members, with the Associate Dean Student Welfare
(ADSW) serving as the President of the Board. BSW
reaches out to students and regularly encourages them to
come forward with any issue that they may face during
their time at IIT Delhi.
47. Additionally, the Institution operates a separate
Counselling Unit to aid mental tonicity of the students.
Currently, there are three female and one male
counsellors in this Unit from diverse backgrounds. Two
counsellors (one female and one male) reside on campus
and are available 24x7 on call. Four (04) more
permanent counsellor positions have also been
advertised and the hiring process is underway. Services
of an online counselling portal (Your Dost) are also made
available to all students 24x7.
48. The Institution also ensures that at least one
contractual psychiatrist remains physically available in
the hospital at the campus from 0800- 2000 hrs. Mon-Fri
and on-call for emergencies on weekends. The process of
hiring a permanent psychiatrist for the hospital is also
underway.
49. In addition to the above steps, the following support
systems are also operational at the Institute level to


SLP(CRL) NO. 13224 OF 2024 Page 40 of 88

promptly address the concerns of students and provide
efficacious remedy to their problems:
ICC (Internal Complaints Committee) *
Grievance Redressal Committee *
Student Grievance web portal *
IGES (Initiative for Gender Equity and Sensitization) *
Office of Diversity & inclusion headed by a Dean *
SC/ST Cell *
50. It is submitted that IIT Delhi is also in the process of
setting up a Central Attendance monitoring system for all
students, with special attention on the underperforming
students.
51. It is submitted that IIT Delhi aims at providing a
comfortable and a safe environment for its students and
emotions of their parents. In the case at hand as well, the
Answering Respondents have fully cooperated with the
Police, parents and have even conducted internal inquiry
to verify the claims of the Petitioners.
52. However, in both the inquiries conducted by the
Answering Respondents as well as the Police, no
cognizable offence has been made out.”
E. ANALYSIS
16. Having heard the learned counsel appearing for the parties and
having gone through the materials on record, the only question that
falls for our consideration is whether the High Court committed any
error in passing the impugned judgment and order.
17. It is not in dispute that the Police for some reason or the other
declined to register an F.I.R. on the ground that no one could be said


SLP(CRL) NO. 13224 OF 2024 Page 41 of 88

to have abetted the commission of suicide. All that the Police did in
the course of the inquiry under Section 174 of the CrPC was to record
the statements of other students belonging to SC/ST category
studying in IIT Delhi, who stated that there was no caste-based
discrimination in the hostel.
18. The High Court while rejecting the writ petition observed thus:
“14. Perusal of the Status Report filed by the Ld. ASG for
the State shows that a thorough and detailed enquiry was
conducted into both the cases and it was found that no
complaint was ever given by any of the deceased students
to the police, SC/ST Cell IIT Delhi or to any of their
friends in Campus regarding any caste based
discrimination being faced by them. Moreover,
statements of family and friends of the deceased were
recorded and several other students of IIT, Delhi who
belonged to Scheduled Castes and Scheduled Tribes were
also examined and none of them reported any caste-based
discrimination taking place in the IIT Campus, Delhi. The
allegations levelled by the petitioners, therefore, could
not be corroborated and nothing came on record to
substantiate the same.
15. Undoubtedly, the academic career of two brilliant
and young students came to an end under devastating
circumstances and one cannot even fathom the
challenges and emotions which the parents of the
deceased must be facing every day. This Court can
understand the sentiments of the parents of the deceased
and deeply discourages the growing trend of pressurising
young minds to perform the best in every aspect of life
leading them to take unfortunate steps. It is high time that
the faculty as well as other staff members of Indian
Institute of Technology make conscious efforts and take


SLP(CRL) NO. 13224 OF 2024 Page 42 of 88

endeavours to counsel, encourage, motivate and
invigorate the students. It is of utmost priority to make the
young minds understand that scoring good marks and
performing your best is important but it is not the most
important thing in life and one can certainly give his/ her
best without succumbing to the pressures or stress of
performing better. The most significant way of instilling
this into young minds who face challenges everyday in the
professional and competitive environment of colleges is
by teaching them in the very same campus where they
spend years of their students life the values of prioritizing
their health be it physical or mental which will also give
them the confidence to face every challenge in life.
16. Taking into consideration the totality of facts and-
circumstances of this case, this Court is of the view that
a mandamus cannot be issued in a routine manner merely
on the basis of sympathy or sentiments, accordingly, the
present petition along with pending applications, if any is
dismissed being devoid of any merits.”
(Emphasis supplied)

19. This litigation is an eye-opener not just for the police but also for the
parents whose children are studying in different educational
institutions, more particularly those students residing in a hostel far
from their respective homes, and also the management of the
educational institutions across the country.
20. The pivotal question that falls for our consideration is whether the
Police was justified in closing the matter upon conclusion of the
inquiry under Section 174 of the CrPC? In other words, whether


SLP(CRL) NO. 13224 OF 2024 Page 43 of 88

recourse to inquest proceedings under Section 174 of the CrPC
obviates the requirement of registration of F.I.R.? To put it in a still
lucid manner, whether an inquest report discovering the cause of
death would be good enough to close the matter without registration
of an F.I.R.?
i. Scope of Section 174 of the CrPC
21. Section 174 of the CrPC reads as under:
“ Section 174 . Police to enquire and report on suicide,
etc.
1) When the officer in charge of a police station or some
other police officer specially empowered by the State
Government in that behalf receives information that a
person has committed suicide, or has been killed by
another or by an animal or by machinery or by an
accident, or has died under circumstances raising a
reasonable suspicion that some other person has
committed an offence, he shall immediately give
intimation thereof to the nearest Executive Magistrate
empowered to hold inquests, and, unless otherwise
directed by any rule prescribed by the State
Government, or by any general or special order of the
District or Sub-divisional Magistrate, shall proceed to
the place where the body of such deceased person is,
and there, in the presence of two or more respectable
inhabitants of the neighbourhood, shall make an
investigation, and draw up a report of the apparent
cause of death, describing such wounds, fractures,
bruises, and other marks of injury as may be found on
the body, and stating in what manner, or by what
weapon or instrument (if any); such marks appear to
have been inflicted.


SLP(CRL) NO. 13224 OF 2024 Page 44 of 88

(2) The report shall be signed by such police officer and
other persons, or by so many of them as concur therein,
and shall be forthwith forwarded to the District
Magistrate or the Sub-divisional Magistrate.
(3)When-
(i) the case involves suicide by a woman within seven
years of her marriage; or
(ii) the case relates to the death of a woman within seven
years of her marriage in any circumstances raising a
reasonable suspicion that some other person committed
an offence in relation to such woman; or
(iii) the case relates to the death of a woman within seven
years of her marriage and any relative of the woman has
made a request in this behalf; or
(iv) there is any doubt regarding the cause of death; or
(v) the police officer for any other reason considers it
expedient so to do, he shall, subject to such rules as the
State Government may prescribe in this behalf, forward
the body, with a view to its being examined, to the nearest
Civil Surgeon, or other qualified medical man appointed
in this behalf by the State Government, if the state of the
weather and the distance admit of its being so forwarded
without risk of such putrefaction on the road as would
render such examination useless.
(4) The following Magistrates are empowered to hold
inquests, namely, any District Magistrate or Sub-
divisional Magistrate and any other Executive
Magistrate specially empowered in this behalf by the
State Government or the District Magistrate.”

22. The proceedings under Section 174 of the CrPC should be kept more
distinct from the proceedings taken on the complaint. Investigation
under Section 174 is limited in scope and is confined to the


SLP(CRL) NO. 13224 OF 2024 Page 45 of 88

ascertainment of the apparent cause of death and should not be
equated with investigation into cognizable offences under Sections
160 and 161 of the CrPC respectively. The procedure under Section
174 of the CrPC is for the purpose of discovering the cause of death
and the evidence taken is very short. Sub-section (4) of Section 174
empowers any District Magistrate, Sub-Divisional Magistrate or any
other Executive Magistrate specially empowered in this behalf by
the State Government or the District Magistrate to hold inquest. The
inquest held by the magistrate under Section 174 is distinct from an
inquiry under Section 202.
23. The inquest proceedings are concerned with discovering whether in
a given case the death was accidental, suicidal, homicidal, or caused
by an animal and in what manner or by what weapon or instrument
the injuries on the body appear to have been inflicted, therefore, the
evidence taken is very short. (See: Chaman Lal v. Emperor , AIR
1940 Lah 210, at 214 )
24. The investigations conducted under Sections 154 and 174 of the
CrPC respectively are distinct in nature and purpose. A study of
Chapter XII of the CrPC reveals that these two provisions cater to
different procedural objectives. The former begins with information


SLP(CRL) NO. 13224 OF 2024 Page 46 of 88

about the commission of a cognizable offence referred to in Section
154(1), culminating in registration of F.I.R. and ending with filing
of a chargesheet/challan before the competent court under Section
173 or a final report as the case may be. This procedure to be
undertaken for initiating an investigation into a cognizable offence
has been explained by this Court in Ashok Kumar Todi v. Kishwar
Jahan , (2011) 3 SCC 758 , in the following words:
“48. Under the scheme of the Code, investigation
commences with lodgement of information relating to
the commission of an offence. If it is a cognizable
offence, the officer in charge of the police station, to
whom the information is supplied orally has a statutory
duty to reduce it to writing and get the signature of the
informant. He shall enter the substance of the
information, whether given in writing or reduced to
writing as aforesaid, in a book prescribed by the State
in that behalf. The officer-in-charge has no escape from
doing so if the offence mentioned therein is a cognizable
offence and whether or not such offence was committed
within the limits of that police station.[…]”
(Emphasis supplied)
25. Further, the objective of proceedings under Section 154(1) has been
succinctly explained by this Court in Manoj Kumar Sharma v. State
of Chhattisgarh , (2016) 9 SCC 1 , as under:
“19. […] Whereas the starting point of the powers of the
police was changed from the power of the officer in
charge of a police station to investigate into a


SLP(CRL) NO. 13224 OF 2024 Page 47 of 88

cognizable offence without the order of a Magistrate, to
the reduction of the first information regarding
commission of a cognizable offence, whether received
orally or in writing, into writing. As such, the objective
of such placement of provisions was clear which was to
ensure that the recording of the first information should
be the starting point of any investigation by the police.
The purpose of registering FIR is to set the machinery
of criminal investigation into motion, which culminates
with filing of the police report and only after
registration of FIR, beginning of investigation in a case,
collection of evidence during investigation and
formation of the final opinion is the sequence which
results in filing of a report under Section 173 of the
Code. […]”
(Emphasis supplied)

26. In contrast, an investigation under Section 174 of the CrPC focuses
on ascertaining the apparent cause of death in cases of unnatural or
suspicious deaths. This position has been well explained by this
Court in Pedda Narayana v. State of Andhra Pradesh , (1975) 4
SCC 153. The proceeding under Section 174 is limited in scope and
fundamentally distinct from investigations aimed at prosecuting
offences. Inquest proceedings are conducted by the police or a
Magistrate and conclude with the filing of an inquest report before
the Sub-Divisional Magistrate (SDM), District Judge, or Magistrate
as the case may be. The relevant observations are reproduced herein
below:


SLP(CRL) NO. 13224 OF 2024 Page 48 of 88

“11. A perusal of this provision would clearly show that
the object of the proceedings under Section 174 is merely
to ascertain whether a person has died under suspicious
circumstances or an unnatural death and if so what is the
apparent cause of the death. The question regarding the
details as to how the deceased was assaulted or who
assaulted him or under what circumstances he was
assaulted appears to us to be foreign to the ambit and
scope of the proceedings under Section 174. In these
circumstances, therefore, neither in practice nor in law
was it necessary for the police to have mentioned these
details in the inquest report. […]”
(Emphasis supplied)

27. The investigation after registration of F.I.R. under Section 154 of the
CrPC is an investigation into an offence. In contrast, the
investigation under Section 174 of the CrPC is an investigation or an
“inquiry” into the apparent cause of death.
28. The marginal note attached to Section 174 of the CrPC reads “Police
to inquire and report on suicide, etc.” This is self-explanatory as to
the scope of the provision. Sections 174 to 176 of the CrPC only
contemplate inquiry into the cause of death. Although the phrase
‘investigation’ is used in Section 174 of the CrPC, yet it is only an
investigation in the nature of an inquiry. Sometimes, during the
inquest, the police record the presence of witnesses who are also
witnesses in the case. These statements are not meant as substitutes


SLP(CRL) NO. 13224 OF 2024 Page 49 of 88

for statements under Section 161 of the CrPC. The inquest
requirement under Section 174 does use the word investigation but
if one considers the entire phraseology of Section 174 of the CrPC,
one comes to the conclusion that the word investigation in Section
174 is not an investigation to find out who are the offenders. It is
only to enable the police to come up with the “apparent cause of
death”. This phrase in Section 174 should give us the clue as to the
correct understanding of the role of the police in inquest panchnama.
ii. F.I.R. under Section 154 of the CrPC
29. Section 154 of the CrPC lays down the procedure for the registration
of a First Information Report in cases of cognizable offenses. The
relevant portion of the provision is reproduced hereunder:
“ 154. Information in cognizable cases.— (1) Every
information relating to the commission of a cognizable
offence, if given orally to an officer in charge of a police
station, shall be reduced to writing by him or under his
direction, and be read over to the informant; and every
such information, whether given in writing or reduced to
writing as aforesaid, shall be signed by the person giving
it, and the substance thereof shall be entered in a book to
be kept by such officer in such form as the State
Government may prescribe in this behalf […]”

30. The object and purpose of filing an F.I.R. has been explained by this
Court in Sheikh Hasib Alias Tabarak v. State of Bihar , (1972) 4


SLP(CRL) NO. 13224 OF 2024 Page 50 of 88

SCC 773 , observing that the main purpose of the F.I.R. is to initiate
the criminal justice process and to gather information about the
alleged crime, enabling them to take appropriate actions to identify
and apprehend the offender. The Court held:
“4…The principal object of the first information report
from the point of view of the informant is to set the
criminal law in motion and from the point of view of the
investigating authorities is to obtain information about
the alleged criminal activity so as to be able to take
suitable steps for tracing and bringing to book the guilty
party. The first information report, we may point out,
does not constitute substantive evidence though its
importance as conveying the earliest information
regarding the occurrence cannot be doubted. It can,
however, only be used as a previous statement for the
purpose of either corroborating its maker under Section
157 of the Indian Evidence Act or for contradicting him
under Section 145 of that Act. It cannot be used for the
purpose of corroborating or contradicting other
witnesses.”
(Emphasis supplied)
31. In Thulia Kali v. State of T.N., (1972) 3 SCC 393 , this Court
elucidated the impact of delay in registration of F.I.R. The Court held
as follows:
“12. … First information report in a criminal case is an
extremely vital and valuable piece of evidence for the
purpose of corroborating the oral evidence adduced at
the trial. The importance of the above report can hardly
be overestimated from the standpoint of the accused.
The object of insisting upon prompt lodging of the report
to the police in respect of commission of an offence is to


SLP(CRL) NO. 13224 OF 2024 Page 51 of 88

obtain early information regarding the circumstances in
which the crime was committed, the names of the actual
culprits and the part played by them as well as the
names of eyewitnesses present at the scene of
occurrence. Delay in lodging the first information
report quite often results in embellishment which is a
creature of afterthought. On account of delay, the report
not only gets bereft of the advantage of spontaneity,
danger creeps in of the introduction of coloured version,
exaggerated account or concocted”
(Emphasis supplied)

32. The point of law on mandatory registration, as interpreted from
Section 154 of the CrPC, has been elaborated by this Court in State
of Haryana v. Bhajan Lal , 1992 Supp (1) SCC 335 . Upon thorough
examination of the mandatory implications of Section 154 of the
CrPC, this Court arrived at the following finding in paragraphs 31
and 32 of the judgment:
“31. At the stage of registration of a crime or a case on
the basis of the information disclosing a cognizable
offence in compliance with the mandate of Section
154(1) of the Code, the police officer concerned cannot
embark upon an enquiry as to whether the information,
laid by the informant is reliable and genuine or
otherwise and refuse to register a case on the ground
that the information is not reliable or credible. On the
other hand, the officer in charge of a police station is
statutorily obliged to register a case and then to proceed
with the investigation if he has reason to suspect the
commission of an offence which he is empowered under
Section 156 of the Code to investigate, subject to the
proviso to Section 157. (As we have proposed to make a


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detailed discussion about the power of a police officer
in the field of investigation of a cognizable offence
within the ambit of Sections 156 and 157 of the Code in
the ensuing part of this judgment, we do not propose to
deal with those sections in extenso in the present
context.) In case, an officer in charge of a police station
refuses to exercise the jurisdiction vested in him and to
register a case on the information of a cognizable
offence reported and thereby violates the statutory duty
cast upon him, the person aggrieved by such refusal can
send the substance of the information in writing and by
post to the Superintendent of Police concerned who if
satisfied that the information forwarded to him discloses
a cognizable offence, should either investigate the case
himself or direct an investigation to be made by any
police officer subordinate to him in the manner provided
by sub-section (3) of Section 154 of the Code.
32. Be it noted that in Section 154(1) of the Code, the
legislature in its collective wisdom has carefully and
cautiously used the expression ‘information’ without
qualifying the same as in Section 41(1)(a) or (g) of the
Code wherein the expressions, ‘reasonable complaint’
and ‘credible information’ are used. Evidently, the non-
qualification of the word ‘information’ in Section 154(1)
unlike in Section 41(1)(a) and (g) of the Code may be
for the reason that the police officer should not refuse to
record an information relating to the commission of a
cognizable offence and to register a case thereon on the
ground that he is not satisfied with the reasonableness
or credibility of the information. In other words,
‘reasonableness’ or ‘credibility’ of the said information
is not a condition precedent for registration of a case. A
comparison of the present Section 154 with those of the
earlier Codes will indicate that the legislature had
purposely thought it fit to employ only the word
‘information’ without qualifying the said word. Section
139 of the Code of Criminal Procedure of 1861 (Act 25
of 1861) passed by the Legislative Council of India read
that ‘every complaint or information’ preferred to an


SLP(CRL) NO. 13224 OF 2024 Page 53 of 88

officer in charge of a police station should be reduced
into writing which provision was subsequently modified
by Section 112 of the Code of 1872 (Act 10 of 1872)
which thereafter read that ‘every complaint’ preferred
to an officer in charge of a police station shall be
reduced in writing. The word ‘complaint’ which
occurred in previous two Codes of 1861 and 1872 was
deleted and in that place the word ‘information’ was
used in the Codes of 1882 and 1898 which word is now
used in Sections 154, 155, 157 and 190(c) of the present
Code of 1973 (Act 2 of 1974). An overall reading of all
the Codes makes it clear that the condition which is sine
qua non for recording a first information report is that
there must be an information and that information must
disclose a cognizable offence.
33. It is, therefore, manifestly clear that if any
information disclosing a cognizable offence is laid
before an officer in charge of a police station satisfying
the requirements of Section 154(1) of the Code, the said
police officer has no other option except to enter the
substance thereof in the prescribed form, that is to say,
to register a case on the basis of such information.”
(Emphasis supplied)

33. In Lalita Kumari v. Government of U.P., (2014) 2 SCC 1 , a five-
Judge Bench of this Court affirmed the requirement for the
mandatory registration of an F.I.R. under Section 154 of the CrPC.
The Court ruled that, once the information provided discloses the
commission of a cognizable offence, it is imperative for the police to
register the F.I.R. without conducting any preliminary inquiry. This
judgment reinforces the principle that the registration of an F.I.R. is


SLP(CRL) NO. 13224 OF 2024 Page 54 of 88

a duty that must be carried out promptly upon the receipt of credible
information regarding a cognizable crime. The relevant paragraphs
are reproduced hereinbelow:
“83. In terms of the language used in Section 154 of the
Code, the police is duty-bound to proceed to conduct
investigation into a cognizable offence even without
receiving information (i.e. FIR) about commission of
such an offence, if the officer in charge of the police
station otherwise suspects the commission of such an
offence. The legislative intent is therefore quite clear i.e.
to ensure that every cognizable offence is promptly
investigated in accordance with law. This being the
legal position, there is no reason that there should be
any discretion or option left with the police to register
or not to register an FIR when information is given
about the commission of a cognizable offence. Every
cognizable offence must be investigated promptly in
accordance with law and all information provided
under Section 154 of the Code about the commission of
a cognizable offence must be registered as an FIR so as
to initiate an offence. The requirement of Section 154 of
the Code is only that the report must disclose the
commission of a cognizable offence and that is sufficient
to set the investigating machinery into action.”
(Emphasis supplied)

34. The foregoing discussion leads us to the inevitable conclusion that
when an informant approaches the police with information regarding
the commission of a cognizable offence, the police owes a duty to
promptly register an F.I.R. and initiate investigation in accordance
with Section 154 of the CrPC. The police authorities are not vested


SLP(CRL) NO. 13224 OF 2024 Page 55 of 88

with any discretion to conduct a preliminary inquiry to assess the
credibility of the information before registering the F.I.R. Any such
practice would be contrary to the established principles of criminal
law.
35. Over a period of time, this Court through its legion of decisions, has
emphasized the necessity of ensuring the prompt registration of
F.I.R. to uphold the rule of law and prevent any undue delay in the
commencement of criminal investigation. Timely registration of an
F.I.R. not only ensures that crucial evidence is preserved but also
serves to protect the rights of victims by setting the criminal justice
process in motion without unnecessary procedural impediments.
36. In the present case, the appellants had approached the territorial
police station on 21.07.2023 and 09.09.2023 respectively for
registration of an F.I.R., alleging foul play and commission of
offence under the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989. The appellant nos. 1 and 2
respectively, further, on 11.09.2023, addressed a detailed letter to the
Deputy Commissioner of Police, South-West, New Delhi for
registration of F.I.R. However, no heed was paid to the fervent
appeal made by the appellants herein.


SLP(CRL) NO. 13224 OF 2024 Page 56 of 88

37. The husband of appellant no. 3 (father of Ayush Ashna) in his
complaint, dated 21.07.2023 addressed to the D.C.P., Vasant Vihar,
New Delhi, had informed the Police that his son, Ayush Ashna, was
facing caste-based harassment from his hostel inmates as well as the
faculty members. He further informed the Police that his son had to
change his hostel owing to his caste category being revealed in the
branch change list. He, therefore, demanded an investigation into his
son’s untimely and unnatural death.
38. Appellant nos. 1 and 2 respectively in their complaint dated
09.09.2023, stated that the death of Anil Kumar was not due to
suicide, but was a result of murder based on caste hatred. They also
informed the Police that Anil Kumar was facing caste-based
discrimination including the use of derogatory caste-based words by
the members of the faculty.
39. There is no doubt that the offence alleged by the appellants in their
respective complaints disclosed commission of cognizable offences.
40. It is altogether a different thing to say that there is no element of truth
in what has been alleged by the appellants in their respective
complaints. It could just be a figment of their imagination. It could


SLP(CRL) NO. 13224 OF 2024 Page 57 of 88

also be just a reflection of their anger towards the management as
two young boys lost their lives. Even if the Police was of the view
that there was no element of truth in what had been alleged by the
appellants, it could have said so only after registering an F.I.R. and
conducting an investigation pursuant thereto. We say so because this
is the law. The Police could not have taken a shortcut just because
something happened in the hostel of an eminent educational
institution like IIT Delhi. It seems that the Police very quickly
jumped to the conclusion that the two boys were in some sort of
depression as they were not doing well in their studies. Such
conclusion of the Police may as well be correct. However, again, at
the cost of repetition, we say that such a conclusion could have been
arrived at only after following the due process of law, i.e.,
registration of an F.I.R. and investigation. Nobody would have
stopped the Police from filing an appropriate closure report saying
that no case is made out. However, to close the entire matter after
undertaking an investigation under Section 174 of the CrPC is
something which we do not approve of.
41. It is legitimate to argue that the commission of suicide is not a
cognizable offence. A person who commits suicide goes beyond the


SLP(CRL) NO. 13224 OF 2024 Page 58 of 88

cognizance of police. What is cognizable in cases of suicide is the
abetment to commit suicide. Therefore, the complaint made by the
complainant must disclose abetment of commission of suicide by the
person named therein before an F.I.R. can be registered.
42. Further, the offence alleged to have been committed under Section
3(1)(q) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (“ SC/ST (PoA) Act, 1989 ”) is
a cognizable offence under Section 18 of the said Act. The relevant
provision reads thus:
“ 18-A. No enquiry or approval required. –
(1) For the purposes of this Act,-
i. preliminary enquiry shall not be required for
registration of a First Information Report
against any person; or
ii. the investigating officer shall not require
approval for the arrest, if necessary, of any
person, against whom an accusation of having
committed an offence under this Act has been
made and no procedure other than that
provided under this Act or the Code shall
apply.”

43. The aforementioned provision, in the most unambiguous language,
lays down that no preliminary enquiry is required for the registration
of an F.I.R. This leaves no room for the authorities to delve into an


SLP(CRL) NO. 13224 OF 2024 Page 59 of 88

investigation so as to determine the reasons leading to the
commission of suicide by the students when categorical statements
regarding caste-based harassment and discrimination were made in
the complaint. The SC/ST (PoA) Act, 1989 was enacted with the
intent to enlarge the scope of criminal liability by including several
acts or omissions of atrocities that were not covered by the I.P.C. or
the Protection of Civil Liberties Act, 1955 as summed up by this
Court in National Campaign on Dalit Human Rights v. Union of
India, (2017) 2 SCC 432 .
44. We also take notice of the following:
“No. 15011/91/2013-SC/ST-W
Government of India/Bharat Sarkar
Ministry of Home Affairs
*
NDCC - II Building,
Jai Singh Road
New Delhi
Dated the 12th October, 2015

To
The Chief Secretaries


SLP(CRL) NO. 13224 OF 2024 Page 60 of 88

All State Governments/UT Administrations

Subject: Advisory on no discrimination in
compulsory registration of FIRs-
Regarding

Sir/Madam,

1. Reference is invited to this Ministry’s Advisories
dated 10th May 2013 and 5th February 2014
regarding compulsory registration of FIR u/s 154 Cr
P.C. (copies enclosed).
2. In these advisories it was made clear that as per
section 154(1) of the Cr. P.C. a police officer is duty
bound to register a case on the basis of such
information disclosing a cognizable offence and FIR
has to be registered irrespective of territorial
jurisdiction.
3. National Commission for Minorities in its Annual
Report 2011-12 has recommended prompt action in
registration of FIRs, timely filing of charge sheet
and speedy trial to restore the faith of minorities. In
this regard, it is pertinent to note that registration of
FIR is the first step in the whole process. Therefore
all States/UTs must ensure that utmost promptness
in registering FIRs is extended to all those who
approach the police for registration of FIRs without
any discrimination of whatever kind. Once again
it is requested to ensure that FIRs get registered in
strict compliance to above stated advisories.


SLP(CRL) NO. 13224 OF 2024 Page 61 of 88

4. It is requested to kindly ensure that these
instructions are circulated amongst all concerned
Departments/ Organizations and others under your
jurisdiction for strict compliance.

Yours faithfully
Kumar Alok
Joint Secretary to the Govt. of India
Tel No. 23438100.”

45. We also take notice of the following advisory dated 5.02.2024 issued
by the Ministry of Home Affairs:
“Mo. 15011/91/2013 - SC/ST-W
Government of India
Ministry of Home Affairs
Centre State Division

5th Floor, NDCC-II Building
Jai Singh Road, New Delhi
Dated the 5th February, 2024
To
The Additional Chief Secretary/Principal Secretary
(Home Department)
Sub:- Compulsory Registration of FIR u/s 154 Cr.P.C.
when the information makes out a cognizable offence


SLP(CRL) NO. 13224 OF 2024 Page 62 of 88


Sir/Madam,
This is in continuation to the earlier advisory of the
Ministry of Home Affairs dated 10-05-2013 regarding the
registration of FIR irrespective of territorial jurisdiction
and zero FIR.
We had made it clear that as per section 154(1) of the Cr.
P.C. a police officer is duty bound to register a case on
the basis of such information disclosing a cognizable
offence. We had also made it clear that when it becomes
apparent that even if the offence has been committed
outside the jurisdiction of the police station, zero FIR
would still be registered and the FIR would be then
transferred to the appropriate police station as per
Section 170 of the Cr.P.C.
2. A Constitution Bench of the Supreme Court in W.P,
(Cri.) No.68 of 2008 in Lalita Kumar Vs Government of
U.P. and others on 12-11-2013 had addressed the issue
of mandatory registration of FIRs and had held that
registration of FIR either on the basis of the information
furnished by the informant when it makes out a
cognizable offence u/s 154(1) of the Cr.P.C. or otherwise
u/s 157(1) of the Cr. P.C. is obligatory. It also held that
reliability, genuineness and credibility of the information
are not conditions precedent for registering a case u/s
154 of the Cr. P.C. Since the legislative intent is to ensure
that every cognizable offence is promptly investigated in
accordance with law, hence there is no discretion or
option left with the police to register or not to register an
FIR once information of a cognizable offence has been
provided. The court was quite perturbed about the
burking of crime registration and has concluded that non-
registration of crime leads to dilution of rule of law and
thus leads to definite lawlessness in the society, which is
detrimental to the society as a whole. It has hence called


SLP(CRL) NO. 13224 OF 2024 Page 63 of 88

for action against erring officers who do not register an
FIR if information received by him/her discloses the
commission of a cognizable offence. It may be mentioned
that Section 166A of Cr.P.C. prescribes a penalty of
imprisonment up to two years and also a fine for non-
registration of a FIR for an offence described u/s 166A.
It may be also mentioned that if after investigation the
information given is found to be false, there is always an
option to prosecute the complainant for filing a false FIR
under Chapter XI of the I.P.C.
3. The Supreme Court has provided for some exceptions
to the mandatory registration of FIR and for the conduct
of preliminary inquiry which are as follows:
(a) If the information received does not disclose the
commission of cognizable offence but indicates the
necessity for an inquiry, a preliminary inquiry may be
conducted only to ascertain whether a cognizable
offence is disclosed or not. If the inquiry discloses the
commission of a cognizable offence, the FIR must be
registered. In cases where preliminary inquiry ends in
closing the complaint, a copy of the entry of such
closure must be supplied to the first informant within
one week and it must also disclose the reasons in brief
for closing the complaint and not proceeding further.
(b) The other categories of cases in which
preliminary inquiry may be made are:
(i) Matrimonial disputes/family disputes
(ii) Commercial offences
(iii) Medical negligence cases
(iv) Corruption cases
(v) Cases where there is an abnormal delay in
initiating criminal prosecution.


SLP(CRL) NO. 13224 OF 2024 Page 64 of 88

Example: over 3 months delay in reporting the
matter without satisfactorily explaining the reasons
for delay
(vi) The Supreme Court has also insisted that all
preliminary inquiries should be completed within 7
days and any delay with the causes should be
reflected in the General Diary/Station House
Diary/Daily Diary.

4. The Supreme Court has, inter-alia, deprecated the
practice of first recording the information in the General
Diary and then conducting a preliminary inquiry and
thereafter registering the FIR. It has clarified that
registration of the FIR is to be done in the FIR
Register/Book (in the standard format prescribed) and in
addition, the gist or substance of the FIR is to be recorded
in the General Diary as mandated in the Police Act or
Police Regulations.
5. In addition, to ensure accountability in the functioning
of police, the Supreme Court emphasized that all actions
of the police should be reduced to writing and
documented through entries made in the General Diary
of the Police Station.
6. Home Departments of the States/UTs may direct the
DGPs/IGPs to issue necessary instructions in the light of
the above advisory so that ail police officers are made
aware of them and the contents are also incorporated in
the training curriculum of the police personnel.
7. The receipt of the same may kindly be
acknowledged.”

(S. Suresh Kumar)


SLP(CRL) NO. 13224 OF 2024 Page 65 of 88

Joint Secretary (CS)”

46. The aforesaid advisory makes the following very clear:
i. Registration of an F.I.R. is mandatory under Section 154 of
the Code, if the information discloses commission of a
cognizable offence and no preliminary inquiry is
permissible in such a situation.

ii. If the information received does not disclose a cognizable
offence but indicates the necessity for an inquiry, a
preliminary inquiry may be conducted only to ascertain
whether a cognizable offence is disclosed or not.
iii. If the inquiry discloses the commission of a cognizable
offence, the F.I.R. must be registered. In cases where
preliminary inquiry ends in closing the complaint, a copy
of the entry of such closure must be supplied to the first
informant forthwith and not later than one week. It must
disclose reasons in brief for closing the complaint and not
proceeding further.
iv. The police officer cannot avoid his duty of registering the
offence if a cognizable offence is disclosed. Action must be
taken against erring officers who do not register an F.I.R.
if information received by them discloses a cognizable
offence.


SLP(CRL) NO. 13224 OF 2024 Page 66 of 88

v. The scope of preliminary inquiry is not to verify the
veracity or otherwise of the information received but only
to ascertain whether the information reveals any cognizable
offence.
vi. As to what type and in which cases preliminary inquiry is
to be conducted will depend on the facts and circumstances
of each case. The category of cases in which preliminary
inquiry may be made are as under:
a. Matrimonial disputes/ family disputes
b. Commercial offences

c. Medical negligence cases
d. Corruption cases
e. Cases where there is an abnormal delay in initiating
criminal prosecution, for example, over three months
delay in reporting the matter without satisfactorily
explaining the reasons for delay. The aforesaid are only
illustrations and not exhaustive of all conditions which
may warrant preliminary inquiry.
vii. While ensuring and protecting the rights of the accused and
the complainant, a preliminary inquiry should be made time
bound and in any case it should not exceed 7 days. The fact
of such delay and the causes of it must be reflected in the
General Diary entry.


SLP(CRL) NO. 13224 OF 2024 Page 67 of 88

viii. Since the General Diary/Station Diary/Daily Diary is the
record of all information received in a police station, we
direct that all information relating to cognizable offences,
whether resulting in registration of an F.I.R. or leading to
an inquiry, must be mandatorily and meticulously reflected
in the said Diary and the decision to conduct a preliminary
inquiry must also be reflected, as mentioned above.
F. CONCLUSION
47. We are of the view that responsibility of maintaining the safety and
well-being of students rests heavily on the administration of every
educational institution. Therefore, in the event of any unfortunate
incident, such as a suicide occurring on campus, it becomes their
unequivocal duty to promptly lodge an F.I.R. with the appropriate
authorities. Such action is not only a legal obligation but also a moral
imperative to ensure transparency, accountability, and the pursuit of
justice. Simultaneously, it is incumbent upon the police authorities
to act with diligence and responsibility by registering the FIR
without refusal or delay. This ensures that due process of law is
upheld, and a thorough investigation can be conducted to uncover
the truth and address any underlying causes. The harmonious
discharge of these duties by both educational institutions and law


SLP(CRL) NO. 13224 OF 2024 Page 68 of 88

enforcement agencies is essential to prevent the recurrence of such
tragedies and to preserve trust in societal institutions. In a given case,
failure on part of the administration of any educational institution
may be viewed strictly.
48. For all the foregoing reasons we direct the DCP (South-West
District, New Delhi) to register the First Information Report in line
with two respective complaints lodged in writing by the kith and kin
of the two students who committed suicide and depute any
responsible officer, not below the rank of Assistant Commissioner
of Police, to undertake the investigation in accordance with law. We
need not say anything further as investigation of any crime is within
the domain of the police.
G. NATIONAL TASK FORCE TO ADDRESS THE MENTAL
HEALTH CONCERNS OF STUDENTS AND PREVENT THE
COMMISSION OF SUICIDES IN HIGHER EDUCATIONAL
INSTITUTIONS
49. However, we do not intend to close the matter just with a direction
to register the F.I.R. We deem it absolutely necessary to discuss the
disturbing pattern of student suicides being reported from various
educational institutes across the country.


SLP(CRL) NO. 13224 OF 2024 Page 69 of 88

th
50. On 19 March, 2025, a third-year law student, aged 21 years, at the
Gujarat National Law University (GNLU) was found dead in his
dorm room. The deceased student was a native of Patiala in Punjab.
He had apparently hanged himself from the latch and was found on
1
the floor.
th
51. On 25 February, 2025, a third-year student at the Indian Institute of
Technology, Patna took his life by allegedly jumping from the
seventh floor of his hostel premises situated within the campus itself
2
allegedly owing to excessive academic pressure.
th
52. On 15 February, 2025, a third-year student pursuing a Bachelors in
Technology from Kalinga Institute of Industrial Technology (KIIT)
campus in Bhubaneswar, Odisha, was found hanging from the
ceiling fan in her hostel room on account of alleged sexual
3
harassment and blackmailing by a fellow student.

1
Gujarat National Law University student ends life on campus , T HE T IMES OF I NDIA ,
March 19, 2025.

2
IIT Patna student dies by ‘suicide’ on campus , T HE I NDIAN E XPRESS , February 27,
2025.
3
Why suicide of Nepali student at Odisha’s KIIT campus forced Nepal PM to intervene ,
F IRSTPOST , February 18, 2025.


SLP(CRL) NO. 13224 OF 2024 Page 70 of 88

53. On 18 February, 2024, a second-year student at the College of
Veterinary and Animal Sciences, Wayanad, Kerala, was found
hanging in the bathroom of his hostel, after allegedly being tortured
4
by his seniors and batchmates days before his death.
54. What disturbs us even more is that the abovementioned incidents are
not isolated one-off occurrences but are only a few out of the many
which have taken place over a period of time owing to a multitude
of reasons like ragging, academic pressure, caste-based
discrimination, sexual harassment, etc. As per the data provided by
the Union Minister of State for Education to the Rajya Sabha in
2023, 98 students died by suicide in higher educational institutes
since 2018, out of which 39 were from IITs, 25 from NITs, 25 from
central universities, four from IIMs, three from IISERs and two from
5
IIITs.
55. Each suicide is a personal tragedy that prematurely takes the life of
an individual and has a continuing ripple effect, affecting the lives

4
Wayanad student suicide: Six arrested for college student’s suicide , T HE N EW I NDIAN
E XPRESS , February 29, 2024.
5
98 students died by suicide in higher educational institutes since 2018: Centre ,
INDUSTAN IMES
H T , July 27, 2023.



SLP(CRL) NO. 13224 OF 2024 Page 71 of 88

of families, friends and communities. According to the 210th Report
of the Law Commission of India, suicide has been identified as one
of the most significant factors contributing to the premature and
6
unnatural cessation of human life. The statistics contained in the
Report of the National Crime Records Bureau (for short, “ the
NCRB ”) for the year 2021 highlight the grim reality of over 13,000
students having lost their lives by committing suicide in the country
which is almost twice the already disturbing number a decade ago.
The number of student suicides has now surpassed suicides
committed by farmers due to agrarian distress, with a four percent
7
rise in 2024 alone. According to the NCRB Report titled
“Accidental Deaths and Suicides in India, 2022” student suicides
accounted for 7.6% of the total number of suicides committed in
India in 2022 with 1.2% of total suicides attributable to
professional/career problems and 1.2% to failure in examination.
56. In the backdrop of the rising incidence of student suicides on college
campuses and in higher educational institutions, including the Indian

6
Law Commission of India, Report No. 210 on the Humanisation and Decriminalisation
of Attempt to Suicide, Para 1.5 (October 2008).
7
HE
More Students Dying by Suicide Than Farmers Reveals Another Deadly Crisis , T
Q UINT , October 23, 2024.


SLP(CRL) NO. 13224 OF 2024 Page 72 of 88

Institutes of Technology (IITs), National Institutes of Technology
(NITs) and Indian Institutes of Management (IIMs), we believe that
it is high time we take cognizance of this serious issue and formulate
comprehensive and effective guidelines to address and mitigate the
underlying causes contributing to such distress among students.
57. We believe from our little understanding that the suicide epidemic in
educational institutions can be attributed to a plethora of factors
including but not limited to academic pressure, caste-based
discrimination, financial stress, and sexual harassment, with eminent
institutions like the IITs and NITs reporting high rates linked to exam
8
failures .
58. A number of news reports point out that caste-based discrimination
is rampant and pervasive, even in prestigious educational
institutions, aggravating the sense of alienation among students from
marginalised communities. Caste-based discrimination on college
campuses is in clear violation of Article 15 of the Constitution which
inter alia prohibits discrimination on the ground of caste. In response
to a question put up in the Rajya Sabha in 2021, the Ministry of

8
Id.


SLP(CRL) NO. 13224 OF 2024 Page 73 of 88

Education submitted that 60% of the students who dropped-out from
seven reputed IITs belonged to the reserved categories.
59. We are aware that a coordinate Bench of this Court is in seisin of the
issue pertaining to caste-based discrimination in educational
institutions in the case of Abeda Salim Tadvi & Anr. v. Union of
India & Ors., (W.P. (C) No. 1149/2019) . Pursuant to the directions
of this Court in the said matter, the University Grants Commission
(for short, “ the UGC” ) has published the draft University Grants
Commission (Promotion of Equity in Higher Education
Institutions) Regulations, 2025. The avowed object of the said
Regulations is to ensure a safe, inclusive, and equitable learning
environment for all students, faculty members, and staff by
preventing any form of discrimination based on religion, race,
caste, sex, or place of birth within Higher Educational Institutions.
60. The aforesaid draft Regulations published by the UGC also assume
importance as the phenomenon of “othering” of students belonging
to the marginalised communities, whether based on caste, gender or
ethnicity, is being reported with an increasing frequency and it is
only through sensitization of students and the faculty members that


SLP(CRL) NO. 13224 OF 2024 Page 74 of 88

it can be ensured that campuses become safe spaces which are equal
for students coming from the different walks of life.
61. While the steps taken by the UGC pursuant to the directions of this
Court in Abeda Salim Tadvi (supra) are in the right direction
inasmuch as they aim to prevent all forms of on-campus
discrimination, we intend to take a step further towards creating
an institutionalised mechanism for ensuring the mental well-being
of students studying in Higher Educational Institutions so as to
mitigate the instances of commission of suicides by students
owing to discrimination, academic pressure, harassment, or any
other concern affecting the mental well-being of students.
62. Based on a survey conducted by Seena Mary Thankachan, a
researcher at the Pune International Centre , it was reported that 70%
of the faculty members across IITs felt ill-equipped to address mental
health issues, and 90% lacked proper training to support students
9
with such sensitive concerns. Implementing strict anti-
discrimination policies, cultural sensitivity training, and support
groups for marginalised students is crucial to uproot institutional and

9
HE EEK
OPINION: The silent crisis in the IITs , T W , July 27, 2024.



SLP(CRL) NO. 13224 OF 2024 Page 75 of 88

systemic discrimination against disadvantaged groups which
effectively undermines their full and equal social, economic,
10
political, and cultural participation in society.
63. The relentless pressure to perform in a purely score-based education
system, coupled with the extreme competition for limited seats in
premier educational institutions, places a terrifying burden on the
students’ mental health. The inordinate burden on students to work
on multiple projects simultaneously exacerbates academic pressure.
Several students who come from competitive coaching centres bring
pre-existing mental health issues, which get further heightened when
they enter Higher Educational Institutions. Although it is difficult to
eradicate this distress yet it can be managed by introducing flexible
curricula, continuous assessment methods, structured support for
managing backlogs and on campus support for psychological issues
11
faced by the students.
64. Another cause of student suicides remains brutality in the form of
ragging, which is often concealed by colleges and universities to

10
Anjum Kadari v. Union of India, (2024) SCC OnLine SC 3129.
11
Supra 8.



SLP(CRL) NO. 13224 OF 2024 Page 76 of 88

safeguard their reputation. This violates the right to dignity and
education of students. It has been clarified by this Court in Farzana
Batool v. Union of India , (2021) SCC OnLine SC 3433 that “while
the right to pursue higher (professional) education has not been spelt
out as a fundamental right in Part III of the Constitution, it bears
emphasis that access to professional education is not a governmental
largesse. Instead, the State has an affirmative obligation to facilitate
access to education, at all levels.”
65. The R.K. Raghavan Committee was appointed to curb the menace of
ragging which detailed the causes and actionable remedies in its
2007 Report. It was pointed out by the Committee that most State
laws only seek to prohibit, and not prevent, ragging, and “while
prevention must lead to prohibition, the reverse need not be true.”
There also exist the UGC Regulations on Curbing the Menace of
Ragging in Higher Educational Institutions 2009, however, news
reports have pointed out that tangible actions have not been taken by
the stakeholders other than mere formalities such as mandating
undertakings from students and parents against indulging in ragging,
12
and putting up no-ragging notices on university premises. While

12
Unending ordeal: On continuing acts of ragging , T HE H INDU , November 27, 2023.


SLP(CRL) NO. 13224 OF 2024 Page 77 of 88

the existing guidelines need to be enforced, there is also a
requirement of bringing in new measures for providing
psychological support to victims of ragging so as to stop them from
taking extreme steps like commission of suicide.
66. We are of the firm view that universities must acknowledge their role
not just as centres of learning but as institutions responsible for the
well-being and holistic development of their students. The failure to
do so would mean failing the very purpose of education – to uplift,
empower, and transform lives. Universities assume the role of a
parent when a student leaves his home and comes to study on the
campus of the university. As per the principle of ‘loco parentis’
when a student at the adolescent age or childhood is sent to school
by the parents, it is also the duty of the school authorities to play the
role of parents in safeguarding the intertest and welfare of the
students. A person in loco parentis means a person taking upon
himself the duty of a father of a child to make a provision for that
child. The duty of the college authorities is not just to ensure
academic excellence of the students but also to ensure their mental
well-being, and not just exercise authority and control over students
but also to provide support in times of distress.


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67. The nation has already suffered the tragic loss of numerous students
– young individuals with immense potential who could have gone on
to become successful professionals. However, due to the absence of
adequate institutional support, they were driven to take the extreme
step of ending their own lives. These distressing incidents not only
highlight systemic failures but also expose a severe lack of
institutional empathy and accountability on the part of educational
institutions. When academic environments fail to address
discrimination, harassment, and mental health concerns effectively,
they contribute to a culture of neglect that can have devastating
consequences.
68. As a society, and as stakeholders in shaping the future of our youth,
we must take collective responsibility to ensure that no more lives
are lost due to apathy or indifference. It is imperative for institutions
to have a culture of sensitivity and proactive intervention so that
every student feels safe, supported, and empowered to pursue their
aspirations without fear or discrimination.
69. The recurring instances of student suicides in Higher Educational
Institutions, including private educational institutions, serve as a
grim reminder of the inadequacy and ineffectiveness of the existing


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legal and institutional framework in addressing mental health
concerns of students on campuses and to prevent the students from
taking the extreme step of committing suicides. These tragedies
underscore the urgent need for a more robust, comprehensive, and
responsive mechanism to address the various factors which compel
certain students to resort to taking their own lives. In light of the
concerns expressed above, a National Task Force to address the
mental health concerns of students and prevent the commission of
suicides in Higher Educational Institutions is being constituted and
shall comprise of the following members:
i. Justice S. Ravindra Bhat, Former Judge, Supreme Court of
India, as the Chairperson;
ii. Dr. Alok Sarin, Consultant Psychiatrist, Sitaram Bhartia
Institute of Science & Research, New Delhi;
iii. Prof. Mary E. John (retired), Former Director, Centre for
Women’s Development Studies, New Delhi;
iv. Mr. Arman Ali, Executive Director, National Centre for
Promotion of Employment for Disabled People;


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v. Prof. Rajendar Kachroo, Founder, Aman Satya Kachroo
Trust;
vi. Dr. Aqsa Shaikh, Professor of the Department of Community
Medicine in Hamdard Institute of Medical Sciences and
Research, New Delhi;
vii. Dr. Seema Mehrotra, Professor of Clinical Psychology,
NIMHANS;
viii. Prof. Virginius Xaxa, Visiting Professor at the Institute for
Human Development (IHD), New Delhi;
ix. Dr. Nidhi S. Sabharwal, Associate Professor, Centre for
Policy Research in Higher Education, National University of
Educational Planning and Administration, New Delhi;
x. Ms. Aparna Bhat, Senior Advocate (as amicus curiae ).
70. The following shall be the ex-officio members of this Task Force:
i. Secretary, Department of Higher Education, Ministry of
Education, Government of India;


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ii. Secretary, Department of Social Justice & Empowerment,
Ministry of Social Justice & Empowerment, Government of
India;
iii. Secretary, Ministry of Women and Child Development,
Government of India;
iv. Secretary, Department of Legal Affairs, Ministry of Law and
Justice, Government of India.
71. We direct the Chief Secretaries of all the States/Union Territories to
nominate a high ranking officer, not below the rank of Joint
Secretary in the Department of Higher Education of the respective
State/Union Territory, to act as the nodal officer on behalf of the
respective State/Union Territory. We further direct all the concerned
departments/authorities of the respective State/Union Territory to
cooperate with the nodal officer concerned and furnish necessary
information, data and assistance as may be sought by such nodal
officer.
72. The Joint Secretary, Department of Higher Education, Ministry of
Education, Government of India shall act as the convener of the Task
Force.


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73. The Task Force includes representatives from diverse fields to
ensure an interdisciplinary approach to tackling the issue of
commission of suicides in Higher Educational Institutions.
74. The remit of this Task Force is to prepare a comprehensive report
that includes:
i. Identification of the predominant causes which lead to
commission of suicides by students : An examination of the
various causes which lead to student suicides in Higher
Educational Institutions, including but not limited to ragging,
caste-based discrimination, gender-based discrimination,
sexual harassment, academic pressure, financial burden,
mental health related stigma, discrimination based on
ethnicity, tribal identity, disability, sexual orientation,
political views, religious belief or any other grounds.
ii. Analysis of Existing Regulations : A thorough assessment of
the effectiveness of current laws, policies, and institutional
frameworks applicable to Higher Educational Institutions
concerning ragging, caste-based and gender-based
discrimination, sexual harassment, mental health support,


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support for students facing academic challenges, financial
support to students in need of funds, etc. This analysis will
evaluate whether these frameworks adequately address the
challenges faced by students.
iii. Recommendations for Strengthening Protections :
Proposing necessary reforms to the existing legal and
institutional frameworks to ensure stronger enforcement,
accountability, and preventive measures. The Task Force shall
also put forth recommendations to address existing gaps,
create a more inclusive and supportive academic environment,
and ensure equal opportunities for members of marginalized
communities.
75. In the process of preparing its report, the Task Force shall have the
authority to conduct surprise inspections of any Higher Educational
Institution. Additionally, the Task Force shall be at liberty to make
further recommendations beyond the specified mandate, wherever
necessary, to ensure a holistic and effective approach towards
addressing mental-health concerns of students and eliminating the
incidence of suicides in Higher Educational Institutions. The Task
Force is requested to take into account the views and concerns of all


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stakeholders, including those of student unions, whether elected or
nominated and other student representative bodies, wherever they
exist. The Task Force is also requested to seek representation from
and consult the governments of all the States and Union Territories.
The Task Force may also consider obtaining the views of the
different stakeholders by way of circulating a questionnaire and
seeking written responses thereupon.
76. It is clarified that the term “Higher Educational Institution” is used
broadly to cover all higher educational institutions, including
government and private universities, deemed to be universities,
government and private colleges, etc.
77. The Secretary, Department of Higher Education, Ministry of
Education; the Secretary, Department of Social Justice &
Empowerment, Ministry of Social Justice & Empowerment; the
Secretary, Ministry of Women and Child Development; and the
Secretary, Department of Legal Affairs, Ministry of Law and Justice,
Government of India, shall collaborate with the Task Force and
extend full cooperation by providing all necessary information,
documents, and resources required by the Task Force to effectively
carry out its mandate.


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78. The Secretary, Department of Higher Education, Ministry of
Education, Government of India shall serve as the Member-
Secretary of the Task Force. The Ministry of Education, Government
of India shall be responsible for providing all necessary logistical
support to facilitate the functioning of the Task Force. This shall
include making arrangements for travel, accommodation, and
secretarial assistance, as well as covering all related expenses of the
Task Force members. The Ministry shall provide a sufficiently large
office space to the Task Force for holding its meetings and also to
enable the officials to carry on its day-to-day activities. Additionally,
the Ministry shall provide an appropriate honorarium to the members
in recognition of their contributions.
79. We also direct that the Central Government, the Governments of all
the States/Union Territories and agencies thereof, and Universities
shall extend their full and active cooperation to the Task Force and
provide the requisite data, information and assistance, as may be
necessary. In the case of delay, reluctance or neglect on part of the
aforesaid bodies, the Task Force will be at liberty to approach this
Court through the amicus curiae seeking remedial actions.


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80. The Chairperson of the Task Force shall be at liberty to engage the
services of any person for the purpose of providing secretarial
assistance in coordinating with the members of the Task Force,
preparation of the interim and final report and for the smooth and
effective discharge of any other responsibilities as may arise during
the course of carrying out the mandate of the Task Force. This shall
include the engagement of the services of Data Analysts and
Research Assistants as may be necessary for the effective discharge
of the mandate of the Task Force.
81. The Chairperson of the Task Force shall also be at liberty to
constitute, after due consultation with the members of the Task
Force, committees and sub-committees as may be required for the
purpose of carrying out specific functions.
82. We direct the Union of India to deposit an amount of Rupees Twenty
Lacs (Rs 20,00,000/-) with the Registry within two weeks from the
date of this order as an outlay for the initial operations of the Task
Force. The amicus curiae shall be at liberty to move an appropriate
application seeking orders for disbursement of any additional funds,
whenever necessary. We clarify that this amount is in addition to the


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financial and administrative responsibility of the Ministry of
Education as described aforesaid.
83. The Task Force is requested to present an interim report within four
months from the date of this order. The final report shall be
submitted preferably within eight months from the date of this order.
84. We treat this matter as part heard. The registry shall notify this matter
after four months alongwith the interim report of the Task Force
before this very Bench (J.B. Pardiwala and R. Mahadevan, JJ.) after
obtaining appropriate orders from Honourable the Chief Justice of
India.

…………………………………………J
(J.B. PARDIWALA)





…………………………………………J
(R. MAHADEVAN)
New Delhi;
th
24 March, 2025


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