Sukdeb Saha vs. The State Of Andhra Pradesh

2025 INSC 893

REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). OF 2025
(Arising out of SLP (Crl.) No (s). 6378 of 2024)


SUKDEB SAHA ….APPELLANT(S)

VERSUS

THE STATE OF ANDHRA
PRADESH & ORS. ….RESPONDENT(S)

J U D G M E N T
Mehta, J.
Table of Contents
I. INTRODUCTION .......................................................... 2
II. PART A: - ................................................................. 10
(i). Facts of the Case: - .............................................. 10
(ii). Submissions on behalf of the Appellant: - ............ 16
(iii). Submissions on behalf of the Respondents: - ...... 23
(iv). Discussion & Analysis: - ...................................... 27
(v). Conclusion: - ....................................................... 42
III. PART B: .................................................................. 44
Signature Not Verified
Digitally signed by
NEETU KHAJURIA (i) Background: - ........................................................ 44
Date: 2025.07.25
15:56:33 IST
Reason:
1


(ii) Right to Mental Health ......................................... 47
(iii) Guidelines: - ........................................................ 50
(iv) Directions:- ......................................................... 59

I. INTRODUCTION
1. Heard.
2. Leave granted.
3. The present appeal arises from the judgment
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and order dated 14 February, 2024, passed by the
1
High Court of Andhra Pradesh at Amravati in Writ
Petition No. 25381 of 2023, whereby the High Court
rejected the appellant’s prayer, seeking transfer of
the investigation of FIR No. 148 of 2023 to the Central
2
Bureau of Investigation. The aforesaid FIR was
registered following the tragic, unnatural death of the
appellant’s 17-year-old daughter, Ms. X, who was
undergoing coaching for the National Eligibility-cum-
Entrance Test (NEET) examination at Aakash Byju’s
Institute, Vishakhapatnam. She was staying in a
Hostel when the unfortunate incident occurred on
th
14 July, 2023, leading to her untimely death.

1
Hereinafter being referred to as ‘Andhra Pradesh High Court’.
2
Hereinafter being referred to as “CBI.”
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4. Before delving into the factual background and
issues of the present case, this Court deems it
appropriate to reflect upon the broader underlying
generational societal issue, namely, the growing
crisis of student suicides in the context of
contemporary education. As articulated by
numerous philosophers across history, the purpose
of education was never confined to mere academic
success or professional advancement. Rather,
education was envisioned as a means for holistic
development, intellectual, emotional, ethical, and
spiritual. Jean-Jacques Rousseau, in his prominent
3
treatise “ Émile, or On Education” , emphasised that
education must be adapted to the developmental
needs of the child and should cultivate reason,
autonomy, and emotional well-being. He warned
against an educational system that neglects the
individuality of the learner in pursuit of rigid societal
expectations.
5. Jiddu Krishnamurti, in his book “
Education and
4
the Significance of Life, ” noted that the function of

3
Jean-Jacques Rousseau, “ Emile, or Education ”, (Ed. and Trans.) Allan
Bloom (New York: Basic Books, 1979).
4
Jiddu Krishnamurti, “ Education and the Significance of Life ”, San
Francisco, CA: Harper & Row, 1953.
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education is to create human beings who are
integrated and therefore intelligent. Krishnamurti
cautioned against turning education into a system of
conformity and performance, warning that the mind
of a child must not be conditioned by fear,
competition, or compulsion. These philosophical
foundations remind us that education is meant to
liberate, not burden the learner, and that its true
success lies not in grades or rankings but in the
holistic growth of a human being capable of living
with dignity, confidence, and purpose.
6. Contrary to these ideals, the contemporary
academic framework, particularly in the context of
competitive examination systems, often subjects
students to relentless psychological pressure. The
very soul of education appears to have been distorted.
Increasingly, education is perceived as a high-stakes
race, a pressure-laden path toward narrowly defined
goals of achievement, status, and economic security.
The joy of learning has been replaced by anxiety over
rankings, results, and relentless performance
metrics. Students, especially those preparing for
competitive examinations, are often caught in a web
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that rewards conformity over curiosity, output over
understanding, and endurance over well-being.
7. In this paradigm, life becomes a series of tests,
and failure is seen not as a part of growth but as a
devastating end. In a system driven by performance
metrics, competition, and institutional rigidity,
students are often subjected to immense
psychological strain, particularly in environments
geared towards high-stakes competitive
examinations.
8. In the recent past, multiple reports have
emerged of student suicides in premier educational
institutions and, more particularly, coaching centres,
pointing to a pattern of despair that demands
collective introspection. These young individuals,
often far away from home, isolated in demanding
academic environments, find themselves without
adequate emotional or institutional support. The
culture of silence around mental health, coupled with
insufficient safeguards in educational institutions,
exacerbates their vulnerability. The gravity of this
crisis cannot be overstated, and any incident
involving the death of a student under such
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circumstances warrants the utmost seriousness, not
just as an isolated tragedy, but as part of a larger
systemic malaise that threatens the future of the
young generation.
9. The statistics published by the National Crime
Records Bureau (‘NCRB’) in its 2022 report titled
5
“ Accidental Deaths and Suicides in India ” paint
a deeply distressing picture. India recorded 1,70,924
reported suicide cases in the year 2022 (an increase
from 2021 data, i.e., 1,64,033 reported suicide
cases), of which 7.6%, approximately 13,044, were
student suicides. Notably, 2,248 of these deaths were
attributed directly to failure in examinations. As per
NCRB data, the number of suicides among students
in the last two decades has increased from 5,425 in
2001 to 13,044 in 2022. In the decade beginning from
2012, male student suicides surged to 99% and
female student suicides jumped to 92%. Because of
the non-recognition of transgender/non-binary
students in the previous NCRB Reports, the data of
the third gender is totally lacking from the statistics.

5
National Crime Records Bureau (NCRB) Chapter-2 Suicides in India
Accidental Deaths and Suicides in India, 2022. Available here.
< https://ncrb.gov.in/uploads/files/AccidentalDeathsSuicidesinIndia202
2v2.pdf >.
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However, their underrepresentation should not be
disregarded, as it reflects a systemic failure to
acknowledge and address the challenges faced by
transgender and non-binary students within
educational institutions. Needless to say, the
abovementioned figures are not just statistical data,
but precious lives lost, young minds prematurely
silenced by pressures they were unable to bear.
These figures, taken in conjunction with emerging
patterns of distress in educational institutions,
coaching centres, and residential educational
institutions, point to a systemic failure in addressing
students’ emotional and mental health needs. It must
be acknowledged that student suicides, particularly
those related to exam failure, are rarely the result of
a single cause. Multiple factors, both individual and
systemic, direct and indirect, contribute to such
outcomes. These include low self-esteem, unrealistic
academic expectations (both self-imposed and
externally driven), impulsivity, social isolation,
learning and cognitive disabilities, and, in some
tragic cases, past trauma such as physical or sexual
abuse. Equally concerning are suicides of students
precipitated by experiences of sexual assault,
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harassment, ragging, bullying, or discrimination on
the basis of caste, gender, sexual orientation, or
disability, which continue to remain underreported
and inadequately addressed. Each of these
vulnerabilities may be exacerbated in high-pressure
environments that lack adequate emotional support
and psychological safeguards.
th
10. The Law Commission of India, in its 210
Report, has recognised suicide as one of the most
6
tragic and preventable forms of death in our society.
This Court has taken judicial notice of the disturbing
trend of suicides among students enrolled in
educational institutions, where intense academic
competition often combines with emotional isolation,
caste-based discrimination, financial stress, sexual
harassment, and systemic indifference. In Amit
7
Kumar v. Union of India , this Court addressed the
issue of student suicides across the country and
employed the phrase “suicide epidemic” to describe
the alarming rise of students’ suicide incidents in
educational institutions. The Court observed that a

6
Law Commission of India, Report No. 210 on the Humanisation and
Decriminalisation of Attempt to Suicide, Para 1.5 (October 2008).
7
2025 SCC OnLine SC 631.
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majority of these deaths were attributed to failure in
examinations and the unbearable pressure imposed
upon students by institutional and societal
expectations.
11. This Court is therefore of the view that the
present case must not be viewed in isolation, but
rather in the context of this deepening crisis. While
the legal and factual question before us concerns the
unnatural/suicide death of a student, the broader
social context in which such cases of suicide occur
cannot be ignored.
12. It is in this light that the matter assumes not
just legal but also moral, societal and institutional
significance. Accordingly, this judgment is structured
in two parts to address the issues in their entirety.
Part A sets out the factual circumstances of the
present case and adjudicates on the merits of the
case. Part B sets out immediate interim guidelines,
aimed at laying down a preventive, remedial, and
supportive framework for mental health protection
and prevention of suicides by students across all
educational institutions.
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II. PART A: -
(i). Facts of the Case: -

13. The background facts essential for disposal of
the instant appeal are:
13.1. The appellant resides in West Bengal with
his family. In May 2022, the appellant’s 17-year-
old daughter, Ms. X, took admission at a coaching
institute, namely, Aakash Byju’s
8
Class/Respondent no. 6 in Vishakhapatnam,
Andhra Pradesh, to prepare for the National
Eligibility-cum-Entrance Test (‘NEET’)
examination. She got a rented residential
accommodation in Sadhana Ladies
9
Hostel/Respondent No. 4 on the recommendation
of Aakash Institute and took admission into
Achiever’s Junior College for Class XII studies,
concurrently pursuing her NEET preparation.
th
13.2. On 14 July 2023, at around 11:54 pm,
the appellant received a phone call from Ravikanth,
Assistant Branch Manager (Operations) of Aakash

8
Hereinafter being referred to as “Aakash Institute.”
9
Hereinafter being referred to as “Sadhana Hostel.”
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Institute, informing the appellant that his daughter
rd
had fallen from the 3 floor of the building of
Sadhana Hostel at about 10:20 pm and had
sustained severe injuries and that she had been
taken to Venkataramana Hospital/Respondent No.
10
5 for medical treatment. The appellant
immediately called his daughter’s friend, who
informed him that all the students had been locked
inside a room and that she couldn’t tell what
exactly happened. The appellant’s friend,
Bapandas, who hails from Vishakhapatnam,
th
visited the Venkataramana Hospital on 15 July,
2024, around 1:15 am and found the child, Ms. X,
conscious and talking. The appellant immediately
took the first available flight to Vishakhapatnam
(Andhra Pradesh) and reached the Venkataramana
th
Hospital on 15 July, 2023, at 1:50 pm, where he
found his daughter unconscious and on ventilator
support. The management of Venkataramana
Hospital told the appellant that his daughter had
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suffered a heart attack around 4:00 am on 15
July, 2023, but couldn’t receive proper treatment

10
Hereinafter referred to as “Venkatramana Hospital.”
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due to the unavailability of a specialist medical
faculty, and thus, she was placed on a ventilator.
Being dissatisfied with the care and medical
treatment being provided to his daughter at
Venkataramana Hospital, the appellant shifted her
11
to Care Hospital/Respondent No. 7 for better
th
treatment. On 16 July, 2023, approximately
12:00 (noon), the appellant’s daughter, while
undergoing medical treatment, passed away. On
the same day, the statement of the appellant was
12
recorded, and thereafter, an FIR was registered by
13
IV Town Police Station under Section 174 of the
14
Code of Criminal Procedure. Subsequently, an
th
Inquest Report was prepared on 17 July 2023,
and the body of the deceased was sent for
postmortem examination.
13.3. Aggrieved by the suspicious
circumstances surrounding the medical treatment
provided to his daughter and dissatisfied with the
authorities' apparent reluctance to properly

11
Hereinafter being referred to as “Care Hospital.”
12
FIR No. 177 of 2023.
13
Corresponding Section 194 of the Bharatiya Nagarik Suraksha Sanhita,
2023.
14
Hereinafter being referred to as “CrPC.”
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investigate the matter, the appellant approached
the Andhra Pradesh High Court, by way of Writ
Petition No. 20387 of 2023 under Article 226 of the
Constitution of India, seeking a Writ of Mandamus ,
questioning the inaction of the Commissioner of
Police and the SHO in collecting CCTV footage and
other material evidence from Sadhana Hostel,
Venkataramana Hospital, and Care Hospital in
relation to the suspicious death of his daughter.
Further, the appellant sought consequential
directions for the appointment of a Court
Commissioner to collect the CCTV footage. The
th
Andhra Pradesh High Court vide Order dated 10
August 2023, appointed Ms. K. Priyanka Lakshmi
as Advocate Commissioner to collect and verify the
st
CCTV footage for the period from 1 July, 2023 to
st
31 July, 2023 in the presence of the appellant.
The above-mentioned Writ Petition was disposed of
th
by the High Court vide Order dated 12 February,
2024.
th
13.4. On 20 August 2023, the appellant lodged
15
a formal FIR under Sections 302 and 120 of the

15
FIR No. 148 of 2023.
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16
Indian Penal Code, 1860 , at Police Station Netaji
Nagar, Kolkata, West Bengal, against Aakash
Institute, Sadhana Hostel, and Venkataramana
Hospital and others.
17
13.5. The Assistant Commissioner of Police
th
(East Sub-Division) Andhra Pradesh, on 27
August 2023, took up the investigation and, after
concluding the same, he filed an Alteration Memo
th
on 29 August 2023, before the Magistrate for
applying Section 304 Part-II of the IPC to the case.
In this memo, the following individuals were
arrayed as accused persons:-

16
Hereinafter, being referred to as ‘IPC.'
17
For Short, ‘ACP.’
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th
13.6. On 25 September, 2023, the appellant
filed a second Writ Petition No. 25381 of 2023
under Article 226 of the Constitution of India,
before the Andhra Pradesh High Court, seeking
directions to transfer the investigation of the case
to the CBI.
th
13.7. On 10 November 2023, the appellant filed
third Writ Petition No. 29622 of 2023 under Article
226 of the Constitution of India, before the Andhra
Pradesh High Court, seeking a Writ of Mandamus ,
with a declaration that the authorities' failure to
properly evaluate forensic samples from the
deceased's body and their classification of the
suspicious death as suicide was illegal, arbitrary,
and totally unjustified.
13.8. The Andhra Pradesh High Court, vide
th
Order dated 14 February 2024, disposed of the
third writ petition by directing the concerned SHO
to send preserved forensic samples of the deceased,
along with samples collected from the appellant to
AIIMS, New Delhi, for DNA testing and
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Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

determination of the cause of death, with the entire
exercise to be completed within two months.
13.9. The Andhra Pradesh High Court vide
th
Impugned Order dated 14 February, 2024,
disposed of the second Writ Petition No. 25381 of
2023 and held that since there are two FIRs
registered in two different States i.e., State of
Andhra Pradesh and State of West Bengal, the
prayer seeking transfer of the case to CBI, was
beyond the jurisdiction of the Court.
th
13.10. The aforesaid order dated 14 February,
2024, of the Andhra Pradesh High Court is assailed
by the appellant in this appeal with special leave.
(ii). Submissions on behalf of the Appellant: -
14. Learned counsel representing the appellant,
vehemently and fervently urged that the High Court
gravely erred in rejecting the prayer of the appellant,
seeking transfer of the case to the CBI. In this regard,
he has advanced the following pertinent
submissions:
14.1. The investigation into the unnatural and
suspicious death of the appellant’s daughter, Ms. X,
was conducted in a manifestly arbitrary and
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perfunctory manner by the local police authorities.
Despite repeated oral and written representations
made by the appellant to the Station House Officer,
IV Town Police Station, Visakhapatnam, seeking
registration of an FIR and fair investigation, the police
authorities willfully neglected their statutory duties.
Further, it was submitted that after the statement of
th
the appellant was recorded on 16 July, 2023, and
inquest proceedings were registered under Section
174 of the CrPC, without conducting proper
investigation and inquiry, the SHO/respondent No. 3
hastily concluded that the appellant’s daughter had
committed suicide. This conclusion was drawn
despite the fact that the appellant was repeatedly and
categorically asserting that his daughter's death was
a case of unnatural death, warranting investigation
under Section 302 of the IPC. The appellant even
disclosed the names of potential accused persons in
his statement, yet these leads were deliberately
ignored by the investigating authorities, who were
determined to classify the case as suicide from the
outset, foreclosing any possibility of a proper and fair
investigation.
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14.2. The doctors and management of
Venkataramana Hospital acted in gross dereliction of
their duty by initiating treatment without informing
either the police or the family members, and by
placing the deceased on ventilation without obtaining
the consent of the parents. When the appellant’s
daughter, Ms. X, was admitted to Venkataramana
th
Hospital on 15 July, 2023 at 10:30 pm, she was
conscious and even asked for water, as witnessed at
th
approximately 1:15 am on 16 July, 2023, by the
appellant's friend namely, Bapandas. Despite her
precarious condition, the doctors and other staff at
Venkataramana Hospital failed to provide proper
medical treatment that could have saved her life. The
deceased was in a condition fit for communication.
However, no effort was made by police authorities to
get the statement of Ms. X, which manifests total
apathy on the part of the local authorities.
14.3. The directions issued by the Andhra Pradesh
High Court in Writ Petition No. 20387 of 2023,
whereby an Advocate Commissioner was appointed
to secure CCTV footage and relevant records, were
not complied with in the true letter and spirit. The
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Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

Advocate Commissioner, appointed by the Andhra
Pradesh High Court, attempted to collect CCTV
footage and documents as directed by the Court vide
th
order dated 10 August, 2023, but the police officials
failed to cooperate fully. They neither seized the hard
disk of the CCTV footage from the adjacent shop, i.e.,
Sanghvi Lamination Shop, near which the incident
occurred, nor marked the spot of the incident, nor
collected forensic samples from the said place. The
appellant submits that these material omissions
indicate a deliberate attempt to protect the interests
of the respondents, particularly Aakash Institute,
Sadhana Hostel, and Venkataramana Hospital
thereby casting a grave doubt on the bona fides and
fairness of the local police officers.
14.4. The CCTV footage, from Sadhana Hostel
shows a girl in salwar/trousers going upstairs toward
th
the terrace at approximately 10:25 pm on 14 July,
2023, whereas the footage from Sanghvi Lamination
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Shop from 14 July, 2023, at 10:46 pm, shows a girl
in blue half pants and a T-shirt lying down on the
floor. This glaring discrepancy in apparel indicates
that the girl going upstairs in the hostel footage may
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Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

not have been the appellant’s daughter, Ms. X. The
police failed to properly scrutinise and verify the
CCTV footage to confirm the identity of the said girl,
yet they have hastily concluded the case to be one of
suicide. These serious lapses establish beyond doubt
that the investigation is neither fair nor effective.
14.5. The conduct of senior police officials,
including the statement made by the Police
th
Commissioner during the press conference on 24
August, 2023, is contrary to the truth and
demonstrates the authorities' intent to shield the
actual culprits. In the press release, the
Commissioner stated that the inquest report was
authored by the appellant's blood relatives, whereas
in reality, the Circle Inspector of IV Town Police
Station dictated the report and pressured the
appellant not to interfere. Furthermore, the
Commissioner's statement that there was no
evidence related to Aakash Institute is in gross
disregard to the fact that the appellant had enrolled
his daughter in Aakash Institute for competitive
exam preparation, and it was on the instruction and
recommendation of the management people from
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Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

Aakash Institute that she was accommodated in
Sadhana Hostel. As such, Aakash Institute was the
guardian and custodian of Ms. X and cannot abdicate
its responsibility in this matter.
th
14.6. In the autopsy report dated 17 July,
2023, under column D (Abdomen), there is explicit
mention of a “suspicious smell” in the stomach
contents of the deceased. Despite this finding, neither
th
the chemical analysis report dated 4 September,
2023, conducted by Andhra Pradesh Regional
18
Forensic Science Laboratory , Visakhapatnam, nor
the final opinion on the cause of death by Autopsy
st
Doctor P. Venkataramana Rao dated 21 September,
2023, has been procured and placed on record. The
deliberate withholding of these vital forensic reports
strongly suggest an attempt to conceal evidence that
may contradict the theory of suicide hastily advanced
by the investigating authorities.
14.7. The formation and functioning of the
Medical Committee constituted to investigate
potential medical negligence suffer from grave

18
Hereinafter being referred to as ‘RFSL’.
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irregularities. While the Superintendent of King
George Hospital, Visakhapatnam, formed a five-
member committee of doctors, strangely enough, Dr.
P. Venkataramana Rao, the autopsy doctor who had
already been involved in the postmortem
examination, was also included as a sixth member
without proper notification. This triple role of the said
doctor as an autopsy surgeon, chemical analyst, and
committee member represents an egregious conflict
of interest and compromises the independence and
integrity of the medical investigation. Moreover, the
Medical Committee itself acknowledged its
limitations, stating in its report that it “ has only
perused the documents submitted in the said matter
without any interaction with the doctors who have
treated the patient or the relatives of the deceased ,”
and that it lacked “
knowledge about the medical
facilities, qualifications of treating doctors and
infrastructure of the hospitals where the deceased
”
was treated.
14.8. The appellant contends that the pathetic
failure of the local police authorities in conducting
proper investigation and the lackadaisical
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Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

arraignment of certain individuals for criminal
negligence is manifested in the conflicting narratives
emerging from the CCTV footage, medical records,
and eyewitness accounts. It is thus urged that a fair,
impartial, and independent investigation can only be
ensured by transferring the matter to the CBI. The
appellant has made several representations to the
State Government for the same, which have remained
unacknowledged. Furthermore, the High Court at
Calcutta in Criminal Revision No. 3541 of 2023 vide
th
Order dated 9 October 2023, had also stayed the
second FIR filed at Police Station Netaji Nagar,
Kolkata, West Bengal.
On these grounds, learned counsel appearing
for the appellant implored the Court to accept this
appeal, set aside the impugned judgment and direct
the transfer of the investigation to the CBI, in the
interest of justice and to uphold the rule of law.
(iii). Submissions on behalf of the Respondents: -
15. Per contra , learned counsel for the respondents,
vehemently and fervently opposed the submissions
advanced on behalf of the appellant and advanced
the following pertinent submissions imploring this
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Court to dismiss the present appeal and reject the
prayer to transfer the investigation to CBI:-
15.1. Investigation into the unfortunate death of
the appellant’s daughter, Ms. X, has been conducted
diligently and in accordance with the law by the local
police authorities. Respondent No. 3, the
Investigating Officer, acted promptly upon receiving
the medico-legal case report (MLC) from
Venkataramana Hospital and recorded the same in
the General Diary. Statements of the attending doctor
were recorded, the scene of the occurrence was
inspected, CCTV footage was reviewed, and over 40
witnesses were examined. Material evidence,
including digital footage, was seized and sent to the
Forensic Science Laboratory (FSL). An offence
alteration memo was filed before the jurisdictional
Magistrate based on emerging evidence to alter the
charge to Section 304 Part-II of the IPC, reflecting the
seriousness with which the investigation has been
pursued.
15.2. All necessary medical treatment was
rendered to the deceased in line with standard
medical protocols at the Venkataramana Hospital.
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The treatment details have been recorded in the case
sheet, and the patient was referred to another
Hospital i.e., Care Hospital, only after due
consultation and with the appellant’s consent. The
allegations that the hospital failed in its duty of care
and proper treatment are baseless. The CCTV footage
in question was seized by the authorities and
forwarded for forensic recovery; however, due to
automatic overwriting, certain footage could not be
retrieved directly by the Venkataramana Hospital.
Nevertheless, full cooperation was extended to the
Advocate Commissioner during the inquiry
proceedings.
15.3. The appellant is attempting to attribute
vicarious liability to Aakash Institute without any
legal or factual basis. The said Institute was only
responsible for academic instructions and had no
control or supervisory role over hostel
accommodation. The deceased was residing in
Sadhana Hostel, chosen voluntarily by her family
members. Two employees of Sadhana Hostel, who
were arrested, have since been enlarged on bail, as
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the High Court found no evidence connecting them to
the incident.
15.4. There was no medical negligence or
misconduct on the part of Care Hospital. When the
deceased was admitted in the said facility, no
discharge summary or medical records were provided
to the Hospital. Despite the patient arriving in a
critical, vegetative state, all necessary steps were
taken to revive her. Care Hospital has placed all
medical records before the competent authorities and
cooperated fully with the Advocate Commissioner.
15.5. It is submitted that mere dissatisfaction or
suspicion on the part of the complainant does not
constitute a valid ground to invoke the extraordinary
jurisdiction of this Court so as to transfer the
investigation to the CBI. It has been consistently held
by this Court that such power must be exercised
sparingly and only in rare and exceptional cases
where there is clear evidence of bias, mala fide intent,
or deliberate inaction on the part of the investigating
agency. Learned counsel in this regard has placed
reliance upon the decision of this Court in the cases
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19
of Arnab Ranjan Goswami v. Union of India to
urge that in the present case, no such material has
been placed on record to even create a doubt that the
ongoing investigation suffers from institutional bias
or legal infirmity so as to warrant intervention.
On these grounds, the learned counsel for the
respondents implored the Court to dismiss the
present appeal and affirm the judgment of the High
Court.
(iv). Discussion & Analysis: -
16. We have given our thoughtful consideration to
the submissions advanced at the bar and have gone
through the impugned judgment. With the assistance
of the learned counsel for the parties, we have
perused the material placed on record.
17. At the outset, we may like to note that the power
to transfer an investigation to the CBI is not to be
exercised as a matter of course. This Court has
consistently held that such a course of action is
exceptional and the extraordinary jurisdiction should
be invoked to this end only in rare and compelling

19
(2020) 14 SCC 12.
27
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

circumstances where the interest of justice so
demands. A Constitution Bench in State of West
Bengal & Others v. Committee for Protection of
Democratic Rights, West Bengal (CPDR) &
20
Others
, examined the circumstances under which
Constitutional Courts may invoke their jurisdiction
to direct a CBI investigation. The Court held that
such extraordinary jurisdiction may be invoked to
ensure a fair and impartial investigation where State
machinery appears to be ineffective, biased, or
complicit. The relevant paragraph of the judgment is
extracted below:
“70. Before parting with the case, we deem it
necessary to emphasise that despite wide
powers conferred by Articles 32 and 226 of the
Constitution, while passing any order, the
Courts must bear in mind certain self-imposed
limitations on the exercise of these
constitutional powers. The very plenitude of the
power under the said articles requires great
caution in its exercise. Insofar as the question
of issuing a direction to CBI to conduct
investigation in a case is concerned,
although no inflexible guidelines can be laid
down to decide whether or not such power
should be exercised but time and again it has
been reiterated that such an order is not to
be passed as a matter of routine or merely
because a party has levelled some
allegations against the local police. This
extraordinary power must be exercised

20
(2010) 3 SCC 571.
28
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

18. This Court in the case of Arnab Ranjan
Goswami v. Union of India (supra), held that:
“52. [.]. An individual under investigation has a
legitimate expectation of a fair process which
accords with law. The displeasure of an accused
person about the manner in which the
investigation proceeds or an unsubstantiated
allegation (as in the present case) of a conflict of
interest against the police conducting the
investigation must not derail the legitimate
course of law and warrant the invocation of the
extraordinary power of this Court to transfer an
investigation to CBI. Courts assume the
extraordinary jurisdiction to transfer an
investigation in exceptional situations to ensure
that the sanctity of the administration of
criminal justice is preserved. While no inflexible
guidelines are laid down, the notion that such a
transfer is an “extraordinary power” to be used
“sparingly” and “in exceptional circumstances”
comports with the idea that routine transfers
would belie not just public confidence in the
29
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

19. The settled principle of law that emerges from
the abovementioned decisions is that the power to
transfer the investigation of a criminal case to the CBI
is an extraordinary measure, which must be
exercised with great caution, and only in rare and
exceptional circumstances. This jurisdiction is not to
be invoked lightly or in a routine manner, but only
where the facts of the case disclose a compelling
necessity to ensure fairness in investigation,
preservation of public confidence in the
administration of justice, and protection of
fundamental rights of the parties involved. In
examining the prayer made by an aggrieved person
seeking transfer of investigation to the CBI, the Court
must necessarily be guided by the strict parameters
laid down in binding precedents.
20. These parameters inter alia include, instances
where the State police authorities appear to be biased
or complicit, where the investigation has been tainted
30
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

by delay, irregularity, or suppression of material
facts, or where the complexity and inter-state
ramifications of the matter necessitate the
involvement of a central agency.
21. In the present case, while we refrain from
commenting on the fairness of the investigation
conducted thus far, the ineffectiveness of the local
police officials is clear and undeniable. The following
compelling factors, when considered together,
conclusively demonstrate the failure of the local
investigation and highlight the imminent need for an
impartial investigation by the CBI:
21.1. The attempt of the respondents to paint
the unfortunate incident as one of suicide, relying
upon vague references to the deceased being
th
“agitated” on the evening of 14 July, 2023, is wholly
unsubstantiated. The original and consistent version
disclosed to the appellant, both by Aakash Institute’s
personnel and local police, was that the appellant’s
daughter had fallen from the terrace. At no point was
the suicide theory mentioned to the appellant in real
time, either orally or through any written
communication. It is only in hindsight that
31
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

respondents have sought to paint the deceased as
mentally perturbed. If this was truly a case of
suicide, it is inexplicable that no suicide note was
recovered, no psychological history was documented,
and no statements of her friends, classmates or
roommates were recorded to establish any alleged
suicidal tendencies. Moreover, no medical or
psychiatric records have been produced to support
such a claim. The belated and unsubstantiated
narrative of suicide appears to be a post-facto
justification aimed at diluting the gravity of the
incident and shielding institutional lapses.
21.2. A description of the CCTV footage collected
by the Advocate Commissioner (in the report) reveals
glaring contradictions that remain unaddressed by
the investigating agency. The footage from Sadhana
Hostel shows a girl walking up the stairs at around
th
10:25 pm on 14 July 2023, wearing a
salwar/trousers and a T-shirt. In stark contrast, the
footage of around 10:46 pm from the adjacent
building, i.e., Sanghvi Lamination shop, which
allegedly captures the fall, shows a girl dressed in
blue half-pants and a t-shirt. This fundamental
32
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

inconsistency has not been reconciled by the
Investigating Officers. No attempt whatsoever has
been made to verify whether the girl who was seen
going upstairs was none other than the deceased (Ms.
X) who was found lying on the floor. No forensic/DNA
analysis or witness identification has been
attempted. This discrepancy severely undermines the
credibility of the claim that the deceased herself went
upstairs and jumped off the terrace.
21.3. The respondents’ claim that the young girl
(Ms. X) was in an irreversible critical state from the
moment of the fall stands completely contradicted by
their own records, the AIIMS Medical Board Report,
and independent evidence on record. While the
Investigation Officer, Sadhana Hostel and the
Venkataramana Hospital have categorically taken a
stand that the young girl (Ms. X) was unconscious
when brought to the hospital, the AIIMS Medical
Board has clearly noted that the young girl (Ms. X)
was admitted to the hospital in a conscious and
irritable state, with a Glasgow Coma Scale (GCS)
score of 10/15, indicating that she was neurologically
responsive at the time of admission. This observation
33
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

of the AIIMS Medical Board is further corroborated by
the statement of the appellant, who stated that at
th
approximately 1:15 am on 15 July, 2023, his friend
saw the young girl (Ms. X) moving and verbally asking
for water, a clear indication of retained
consciousness and lucidity. Despite this, when the
appellant arrived at Venkataramana Hospital later
that day, he found that his daughter was placed on a
ventilator. No consent, written or oral, was obtained
from the appellant, any family member, or a
responsible person prior to this critical medical
intervention. Furthermore, at no point was the
appellant or even his friend, who was physically
present in Visakhapatnam, informed about the
occurrence of a heart attack or deterioration of Ms.
X’s condition during the night. If the deceased was
indeed conscious, there was sufficient time and
opportunity to record her statement, which would
have been crucial in uncovering the circumstances
surrounding the incident. The failure to do so,
despite the documented conscious state of Ms. X,
reflects not only gross medical negligence but also a
possible suppression of key evidence that could have
aided the unravelling of the truth.
34
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

21.4. A deeply troubling and questionable
aspect of the present case is the consolidation of
three critical forensic roles with the same medical
officer (namely, Dr P. Venkata Ramana Rao) who
functioned simultaneously as the autopsy surgeon
while conducting post-mortem examination,
chemical analyst for forensic/DNA examination and
a member of the post-incident internal inquiry
committee. Each of these roles, by the very nature of
their functions, require institutional independence,
objectivity, and professional detachment. There
appears to be no justification for inclusion of the
autopsy surgeon in all these roles, which create a
great deal of doubt in the mind of the Court.
21.5. The premature destruction of the
deceased’s viscera, ordinarily the cornerstone of any
postmortem DNA comparison, before completing the
court-mandated investigation, has irrevocably
compromised the proceedings. Acting on the High
th
Court’s order dated 14 February, 2024, in W.P. No.
29622 of 2023, the (then) ACP (East)/IO,
Visakhapatnam, wrote to RFSL, Visakhapatnam, on
th
24 February, 2024, to confirm whether the viscera
35
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

th
he had sent on 16 August, 2023, remained
preserved after chemical analysis. RFSL,
Visakhapatnam acknowledged the receipt of the
th
viscera and assured to issue a written reply on 26
February, 2024. Anticipating that response, the ACP
(East)/IO collected the appellant’s blood sample on
th
25 February, 2024, at King George Hospital, sealed
it in a thermocol box and documented the process
with photographs and video. However, RFSL,
th
Visakhapatnam, vide letter dated 26 February,
2024, informed the ACP that it had destroyed the
viscera “after analysis,” citing the IO’s note in the
Letter of Advice that preservation was “not
necessary.” By failing to ensure the preservation of
this critical forensic material before securing the DNA
match ordered by the High Court, the ACP and RFSL
have undermined the investigation’s integrity and
foreclosed any possibility of conclusively establishing
the cause of death.
th
21.6. In the autopsy report dated 17 July,
2023, under Column D (Abdomen), it has been
explicitly recorded that approximately 80 grams of
semi-digested rice like brown, yellow, and white
36
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

coloured food particles were present in the stomach
contents of the deceased, along with a “suspicious
smell.” This observation assumes critical importance
when juxtaposed with the fact that Ms. X was
allegedly placed on a ventilator from the early hours
th
of 15 July, 2023, and remained in an
unconscious/vegetative state until her demise on
th
16 July, 2023. The presence of semi-digested food
in the stomach, as noted in the autopsy report, is
irreconcilable with the claim that the deceased was
on continuous ventilatory support from the early
th
hours of 15 July, 2023. Under normal conditions,
solid foods get digested and move from the stomach
to the intestine within approximately 2½ to 6 hours,
with carbohydrate-rich meals leaving even sooner;
liquids pass almost immediately. In a state of shock
or coma, gastric motility is markedly impaired, often
delaying emptying of the stomach far beyond the
normal window, but cannot leave a “suspicious
21
smell” and undigested rice nearly 48 hours later.
There is no accepted protocol for feeding solid rice to
a patient on mechanical ventilation. This stark

21
Modi JP and others, A Textbook of Medical Jurisprudence and Toxicology
(Lexis Nexis Butterworths Wadhwa Nagpur 2011).
37
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

mismatch between Ms. X’s autopsy/viscera’s report
and the hospital’s narrative strongly suggests that
either the ventilator timeline was misrepresented or
additional, and yet undisclosed, events occurred after
the last proper meal taken by Ms. X.
21.7. In particular, two documents of
foundational evidentiary value, the Chemical
Analysis Report of the viscera and the final opinion
on the cause of death, have not been placed on
record. These documents are not ancillary but form
the core forensic backbone of any investigation into
unnatural death. The Chemical Analysis Report, for
instance, could conclusively determine whether the
deceased was administered poison, sedatives, or any
narcotic agent that may have contributed to her fall
from the terrace or deterioration of her vitals. The
final cause of death report is essential for
understanding whether death was a result of
accidental trauma, deliberate assault, or
complications arising from medical intervention. The
appellant has made multiple attempts, both
personally and through counsel, to obtain copies of
these documents. Even the Advocate Commissioner
38
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

appointed by the High Court noted during the site
visits and interactions that these records were not
handed over, either to the Commissioner herself or to
the appellant’s representatives. The resistance
exhibited by the respondents in providing such
critical information cannot be viewed as a mere
administrative lapse and creates a grave doubt on the
bona fides of their actions.
21.8. Furthermore, the assessment conducted
by the Medical Board constituted at the All-India
Institute of Medical Sciences (AIIMS), New Delhi, a
premier and impartial medical authority, lends
significant weight to the appellant’s contentions. The
Board, after a detailed examination of the submitted
medical records and documents, found that the
deceased was admitted to Venkataramana Hospital
in a conscious and irritable state, with a Glasgow
Coma Scale E3V2M5-Score of 10/15 . The Glasgow
score, which is scored between 3 and 15 (Score 3
being the worst, and Score 15 being the best) is
internationally recognised as an indicator of a
patient's neurological activity. A score in this range
suggests that the patient was neurologically active
39
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

and semi-alert, and not comatose at the time of
22
hospital admission. The deceased had sustained
multiple severe grade injuries, including traumatic
brain injury, pneumothorax, skull fractures, and
fractures of the spine, pelvis, and limbs. These
findings confirm that the deceased was critically
injured but was not beyond the scope of meaningful
medical intervention. Importantly, the AIIMS Medical
Board observed that the patient’s condition
deteriorated over time, ultimately dropping to a
Glasgow Coma Scale E1VTM1-Score of 3/15,
suggesting that a medical or neurological failure
occurred during hospitalisation. The Board explicitly
stated that while it could not opine definitively on
medical negligence owing to lack of access to the
treating doctors and hospital infrastructure, its
observations were strictly based on objective
documentation.
22. The foregoing facts and circumstances,
including the glaring inconsistencies in the medical

22
Teasdale, G., & Jennett, B. (1974). Assessment of coma and impaired
consciousness. A practical scale. Lancet (London, England), 2(7872), 81–
84. Also See , Golden, K., Bodien, Y. G., & Giacino, J. T. (2024). Disorders
of Consciousness: Classification and Taxonomy. Physical medicine and
rehabilitation clinics of North America, 35(1), 15–33.
40
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

records, the autopsy report indicating suspicious
contents of stomach despite the deceased allegedly
being on ventilatory support, the unexplained lapses
in seizure and preservation of critical forensic
evidence, and the contradictory statements by
authorities, collectively highlight a case of
exceptional complexity and concern. These elements
are not indicative of mere procedural irregularities
but point towards a potentially deeper malaise in the
investigational process. In such a situation, it
becomes imperative to ensure that the sanctity of the
administration of justice is preserved, and public
confidence is upheld. Criminal investigation must, in
all circumstances, be both fair and effective to uphold
the rule of law. It is in these rare and extraordinary
circumstances that the intervention of this Court is
warranted, and the transfer of the investigation to the
CBI becomes not only justified but essential.
23. The appellant and the other family members of
the deceased, who reside in West Bengal, face
substantial logistical and practical barriers in
engaging with the authorities in Visakhapatnam,
Andhra Pradesh. Yet, they have persistently sought
41
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

justice, showing faith in the constitutional system
and legal process. In light of the constant and
deliberate non-cooperation by the local authorities,
contradictory public statements by police officials,
and allegations of suppression of material evidence,
this Court is of the considered view that the
investigation into the unnatural death of Ms. X has
to be entrusted to the CBI. Such a transfer is
necessary not only to ensure a comprehensive and
impartial investigation but also to restore public
confidence and address the legitimate concerns of the
bereaved family, and ultimately, to ensure that the
actual perpetrators of the crime, if any, are brought
to justice.
(v). Conclusion: -
24. In view of the above discussion, the Impugned
th
Order dated 14 February, 2024, passed by the High
Court of Andhra Pradesh in Writ Petition No. 25381
of 2023, rejecting the appellant’s prayer for transfer
of investigation to the CBI, is hereby quashed and set
aside.
25. We direct that the investigation into the
unnatural death of Ms. X shall be transferred to the
42
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

CBI forthwith. The Investigating Officer and
concerned authorities of the IV Town Police Station,
Visakhapatnam, shall hand over the entire case
records, including all relevant papers, documents,
CCTV footage, forensic reports, and any material
evidence, to the office of Director, CBI without undue
delay. The Director, CBI, shall ensure the
immediate registration of an RC and assign the
investigation of the same to a team of competent
officials under the supervision of the jurisdictional
Superintendent, CBI.
26. We clarify that the observations made above are
not intended to touch the merits of the case at hand,
and they shall have no bearing on the investigation
conducted by the CBI or the trial, as the case may be.
None of the above observations shall prejudice the
defence of the person/s, who may be arrayed as an
accused in this case. The concerned officials of CBI
shall conduct an extensive and comprehensive
investigation into the matter and, upon conclusion,
submit a report under Section 193(2) of the Bharatiya
23
Nagarik Suraksha Sanhita, 2023 , before the

23
Formerly, Section 173(2) of the CrPC.
43
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

competent Court having jurisdiction, within four
months from the date of receiving the record.
III. PART B:
(i) Background: -
27. Considering the above factual circumstances
and the foregoing situation of an increasing number
of suicides in educational institutions, inter alia ,
including schools, coaching institutes, colleges, and
training centres, we feel obliged to acknowledge and
address the gravity of the mental health crisis
afflicting students in educational institutions across
the country. The continued loss of young lives, often
due to preventable causes rooted in unattended
psychological distress, academic overburden, social
stigma, and institutional insensitivity, reflect a
systemic failure that cannot be ignored. The above-
24
mentioned data , as reported in the National Crime
Records Bureau, reveal a distressing pattern of rising
student suicides.
28. The Union Government, so far, has taken
several preventive steps to check and correct the

24
Refer to Para 9 of this Judgment.
44
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

situation. At the school level, the UMMEED
(Understand, Motivate, Manage, Empathise,
Empower, and Develop) Draft Guidelines for the
Prevention of Student Suicide were released by the
Ministry of Education in 2023. These guidelines aim
to sensitise schools, identify students at risk, and
provide institutional responses and community-
based interventions. For a broader reach, the
Ministry of Education launched MANODARPAN ,
mental health and well-being of students during the
COVID-19 pandemic and beyond, under the Atma
Nirbhar Bharat Abhiyaan Yojna , providing tele-
helplines, live sessions with counsellors, a directory
of trained professionals, and digital content to
promote emotional well-being. Likewise, the National
Suicide Prevention Strategy, released by the Ministry
of Health and Family Welfare in 2022, outlines a
multi-sectoral approach towards suicide prevention
with a specific focus on youth.
29. Recently, taking cognizance of the suicide
epidemic in educational institutions, this Court in
Amit Kumar (supra), directed the constitution of a
National Task Force on Mental Health Concerns of
45
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

Students and the Prevention of Suicides in Higher
Educational Institutions, under the chairpersonship
of Hon’ble Justice (Retd.) Shri Ravindra Bhat. The
Task Force includes eminent experts from
psychiatry, child development, education, public
health, and civil society, and has been entrusted with
identifying the root causes of student suicides,
evaluating the effectiveness of current policies, and
recommending institutional and regulatory reforms.
We have been informed that the Task Force has
convened its first and second meetings, constituted
working groups, and is in the process of gathering
inputs from stakeholders to formulate a robust and
comprehensive framework.
30. While the final report of the Task Force is
awaited, and the framework is under preparation, the
immediacy of the crisis demands immediate
institutional safeguards to prevent further loss of life
and to establish accountability criterion. In such a
context, the Court is not only empowered but
constitutionally obligated to step in.
46
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

(ii) Right to Mental Health
31. Mental health is an integral component of the
right to life under Article 21 of the Constitution of
India. This Court has, in a consistent line of
precedents, affirmed that the right to life does not
mean mere animal existence, but a life of dignity,
autonomy, and well-being. Mental health is central to
this vision. In Shatrughan Chauhan v. Union of
25
India and Navtej Singh Johar v. Union of
26
India , this Court recognised mental integrity,
psychological autonomy, and freedom from
degrading treatment as essential facets of human
dignity under Article 21 of the Constitution of India.
27
Further, the Mental Healthcare Act, 2017 , a rights-
based legislation, reinforces this constitutional
mandate by recognising every person’s right to access
mental healthcare and protection from inhuman or
degrading treatment in mental health settings.
Section 18 of the MH Act guarantees mental health
services to all, and Section 115 of the MH Act
explicitly decriminalises attempted suicide,

25
(2014) 3 SCC 1.
26
(2018) 10 SCC 1.
27
Hereinafter referred to as MH Act.
47
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

acknowledging the need for care and support rather
than punishment. These provisions read with judicial
precedents reflect a broader constitutional vision that
mandates a responsive legal framework to prevent
self-harm and promote well-being, particularly
among vulnerable populations such as students and
youth.
32.
Under International Law, India’s obligations
under various human rights instruments and
treaties reinforce the above constitutional imperative
to protect and promote mental health. The
International Covenant on Economic, Social and
Cultural Rights, to which India is a State Party, under
Article 12 recognises the right to the highest
attainable standard of physical and mental health.
The United Nations Committee on Economic, Social
and Cultural Rights, in its General Comment No. 14,
has affirmed that this right includes timely access to
mental health services and prevention of mental
illness, including suicide. Similarly, under the
Convention on the Rights of Persons with Disabilities,
2006, mental health conditions are recognised within
the scope of psychosocial disabilities, and States are
48
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

under an obligation to provide accessible, non-
discriminatory mental health care to the vulnerable
individuals. Further, the World Health Organisation’s
Mental Health Action Plan, such as the WHA66.8
Comprehensive Mental Health Action Plan 2013-
2020, have identified suicide prevention as a public
health priority, calling upon States to reduce suicide
mortality rates through national strategies, school-
based interventions, and community support
mechanisms. These evolving international norms
reinforce the view that suicide prevention is not
merely a policy objective but a binding obligation
flowing from the right to life, health, and human
dignity.
33. Despite these constitutional and international
obligations, there remains a legislative and regulatory
vacuum in the country with respect to a unified,
enforceable framework for suicide prevention of
students in educational institutions, coaching
centres, and student-centric environments. Given
the pressing nature of the crisis, particularly in cities
like Kota, Jaipur, Sikar, Vishakhapatnam,
Hyderabad, and Delhi (NCR), etc., where students
49
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

migrate in large numbers for competitive
examinations and face intense psychological
pressure, immediate interim safeguards are the call
of the day.
34. This Court has, in the past, experienced a
similar vacuum in matters concerning sexual
harassment of women in the workplace. Recognising
the urgent need for institutional safeguards, this
28
Court, in Vishaka v. State of Rajasthan , laid
down guidelines and norms under Article 141 of the
Constitution of India, which came to be known as the
celebrated ‘ Vishaka Guidelines .’ These guidelines and
norms subsequently formed the basis of statutory
enactment in the form of the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and
Redressal) Act, 2013.
(iii) Guidelines: -
35. Keeping in view of the above, and in exercise of
the powers conferred upon this Court under Article
32 of the Constitution of India for the enforcement of
fundamental rights, and treating this

28
(1997) 6 SCC 241.
50
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

pronouncement as law declared by this Court under
Article 141, we hereby issue the following guidelines,
which shall remain in force and be binding until such
time as appropriate legislation or regulatory
frameworks are enacted by the competent authority.
The Guidelines are prescribed as under:
I. All educational institutions shall adopt and
implement a uniform mental health policy,
drawing cues from the UMMEED Draft
Guidelines, the MANODARPAN initiative, and
the National Suicide Prevention Strategy. This
policy shall be reviewed and updated annually
and made publicly accessible on institutional
websites and notice boards of the institutes.
II. All educational institutions with 100 or more
enrolled students shall appoint/engage at least
one qualified counsellor, psychologist, or social
worker with demonstrable training in child and
adolescent mental health. Institutions with
fewer students shall establish formal referral
linkages with external mental health
professionals.
51
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

III. All educational institutions shall ensure
optimal student-to-counsellor ratios.
Dedicated mentors or counsellors shall be
assigned to smaller batches of students,
especially during examination periods and
academic transitions, to provide consistent,
informal, and confidential support.
IV. All educational institutions, more particularly
the coaching institutes/centres, shall, as far as
possible, refrain from engaging in batch
segregation based on academic performance,
public shaming, or assignment of academic
targets disproportionate to students’
capacities.
V. All educational institutions shall establish
written protocols for immediate referral to
mental health services, local hospitals, and
suicide prevention helplines. Suicide helpline
numbers, including Tele-MANAS and other
national services, shall be prominently
displayed in hostels, classrooms, common
areas, and on websites in large and legible
print.
52
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

VI. All teaching and non-teaching staff shall
undergo mandatory training at least twice a
year, conducted by certified mental health
professionals, on psychological first-aid,
identification of warning signs, response to
self-harm, and referral mechanisms.
VII. All educational institutions shall ensure that
all teaching, non-teaching, and administrative
staff are adequately trained to engage with
students from vulnerable and marginalised
backgrounds in a sensitive, inclusive, and non-
discriminatory manner. This shall include, but
not be limited to, students belonging to
Scheduled Castes (SC), Scheduled Tribes (ST),
Other Backward Classes (OBC), Economically
Weaker Sections (EWS), LGBTQ+
communities, students with disabilities, those
in out-of-home care, and students affected by
bereavement, trauma, or prior suicide
attempts, or intersecting form of
marginalisation.
VIII. All educational institutions shall establish
robust, confidential, and accessible
mechanisms for the reporting, redressal, and
53
Crl. Appeal @SLP (Crl.) No (s). 6378 of 2024

prevention of incidents involving sexual
assault, harassment, ragging, and bullying on
the basis of caste, class, gender, sexual
orientation, disability, religion, or ethnicity.
Every such institution shall constitute an
internal committee or designated authority
empowered to take immediate action on
complaints and provide psycho-social support
to victims. Institutions shall also maintain zero
tolerance for retaliatory actions against
complainants or whistle-blowers. In all such
cases, immediate referral to trained mental
health professionals must be ensured, and the
student's safety, physical and psychological,
shall be prioritised. Failure to take timely or
adequate action in such cases, especially
where such neglect contributes to a student’s
self-harm or suicide, shall be treated as
institutional culpability, making the
administration liable to regulatory and legal
consequences.
IX. All educational Institutions shall regularly
organise sensitisation programmes (physical
and/or online) for parents and guardians on
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student mental health. It shall be the duty of
the institution to sensitise the parents and
guardians to avoid placing undue academic
pressure, to recognise signs of psychological
distress, and to respond empathetically and
supportively. Further, mental health literacy,
emotional regulation, life skills education, and
awareness of institutional support services
shall be integrated into student orientation
programmes and co-curricular activities.
X. All educational institutions shall maintain
anonymised records and prepare an annual
report indicating the number of wellness
interventions, student referrals, training
sessions, and mental health-related activities.
This report shall be submitted to the relevant
regulatory authority, which may be the State
Education Department, University Grants
Commission (UGC), All India Council for
Technical Education (AICTE), Central Board of
Secondary Education (CBSE), or as otherwise
indicated.
XI. All educational institutions shall prioritise
extracurricular activities, including sports,
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arts, and personality development initiatives.
Examination patterns shall be periodically
reviewed to reduce academic burden and to
cultivate a broader sense of identity among
students beyond test scores and ranks.
XII. All educational institutions, including
coaching centres and training institutes, shall
provide regular, structured career counselling
services for students and their parents or
guardians. These sessions shall be conducted
by qualified counsellors and shall aim to
reduce unrealistic academic pressure, promote
awareness of diverse academic and
professional pathways, and assist students in
making informed and interest-based career
decisions. Institutions shall ensure that such
counselling is inclusive, sensitive to socio-
economic and psychological contexts, and does
not reinforce narrow definitions of merit or
success.
XIII. All residential-based educational institutions,
including hostel owners, wardens and
caretakers, shall take proactive steps to ensure
that campuses remain free from harassment,
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bullying, drugs, and other harmful
substances, thereby ensuring a safe and
healthy living and learning environment for all
students.
XIV.
All residential-based institutions shall install
tamper-proof ceiling fans or equivalent safety
devices, and shall restrict access to rooftops,
balconies, and other high-risk areas, in order
to deter impulsive acts of self-harm.
XV. All coaching hubs, including but not limited to
Jaipur, Kota, Sikar, Chennai, Hyderabad,
Delhi, Mumbai, and other cities where
students migrate in large numbers for
competitive examination preparation, shall
implement heightened mental health
protections and preventive measures. These
regions, having witnessed disproportionately
high incidents of student suicides, require
special attention. The concerned authorities,
namely, the Department of Education, District
Administration, and management of
educational institutions, shall ensure the
provision of regular career counselling for
students and parents, regulation of academic
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pressure through structured academic
planning, availability of continuous
psychological support, and the establishment
of institutional mechanisms for monitoring
and accountability to safeguard student
mental well-being.
36. The above guidelines shall apply to all
educational institutions across India, including public
and private schools, colleges, universities, training
centres, coaching institutes, residential academies, and
hostels, irrespective of their affiliation. We may clarify
that these guidelines are not in supersession but in
parallel to the ongoing work of the National Task Force
on Mental Health Concerns of Students and are being
issued to provide an interim protective architecture in
the interregnum. We believe that these guidelines shall
be read as complementary to the ongoing work of the
National Task Force and would inform and assist the
National Task Force in the development of a more
comprehensive and inclusive framework.
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(iv) Directions:-
37. All States and Union Territories shall, as far as
practicable, notify rules within two months from the
date of this judgment mandating registration, student
protection norms, and grievance redressal mechanisms
for all private coaching centres. These rules shall
require compliance with the mental health safeguards
prescribed herein.
38. A district-level monitoring committee shall be
constituted in each district under the chairpersonship
of the District Magistrate or Collector. The committee
may include representatives from the departments of
education, health, and Child protection, civil society
and shall oversee implementation, conduct
inspections, and receive complaints.
39. Having regard to the serious and continuing
nature of the concerns addressed herein, we direct the
Union of India to file a compliance affidavit before this
Court within a period of 90 days from the date of this
judgment. The affidavit shall detail the steps taken to
implement these guidelines, the coordination
mechanisms established with State Governments, the
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status of regulatory rulemaking with respect to
coaching centres, and the monitoring systems put in
place. The affidavit shall also indicate the expected
timeline for the completion of the report and
recommendations of the National Task Force on Mental
Health Concerns of Students.
40. Let a copy of this judgment be circulated to the
Ministry of Education, Ministry of Health and Family
Welfare, Ministry of Law and Justice, University Grants
Commission, National Council of Educational Research
and Training, Central Board of Secondary Education,
All India Council for Technical Education, and the Chief
Secretaries of all States and Union Territories for
immediate compliance and necessary action.
41. The present appeal is disposed of, accordingly.
42. In view of the disposal of the above appeal, no
further orders are required to be passed on the
application(s) seeking impleadment as well as
application (I.A. No. 63866/2025) seeking direction to
produce chemical/medical reports, hence, the same
stands disposed of as infructuous.
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43. Pending application(s), if any, shall also stand
disposed of accordingly.
th
44. List again on 27 October, 2025, for receiving
the compliance report.

….……………………J.
(VIKRAM NATH)


...…………………….J.
(SANDEEP MEHTA)
NEW DELHI;
JULY 25, 2025.









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