SUKDEB SAHA v. THE STATE OF ANDHRA PRADESH
Discusses principles for transferring investigations, interpreting constitutional rights, and addressing mental health concerns in educational institutions.
Court: Supreme Court of India
Citation: 2025 INSC 893
Decision Date: 25-07-2025
List of Laws
Constitution of India, 1949; Code of Criminal Procedure, 1973; Indian Penal Code, 1860; The Mental Healthcare Act, 2017; Bharatiya Nagarik Suraksha Sanhita, 2023; General Principles of Law
- Constitution of India, 1949: Article 21 is discussed in relation to the right to life, emphasizing that it encompasses a life of dignity, autonomy, and well-being, with mental health being central to this vision. The judgment also references Article 32, noting the powers conferred upon the Court for enforcement of fundamental rights, and Article 226, mentioning the wide powers conferred by it. Article 141 is cited as the basis for issuing guidelines, treating the pronouncement as law declared by the Court. Article 226 is mentioned in the context of writ petitions filed before the Andhra Pradesh High Court.
- Code of Criminal Procedure, 1973: Section 174 of the CrPC is mentioned regarding the registration of inquest proceedings after the appellant's statement was recorded. Section 174 is discussed in the context of the police hastily concluding suicide without proper investigation. The judgment also references Section 173(2) of the CrPC, which is the former provision corresponding to Section 193(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, under which the CBI is to submit its report.
- Indian Penal Code, 1860: Sections 302 and 120 of the IPC are mentioned in relation to the lodging of a formal FIR by the appellant. Section 304 Part-II of the IPC is mentioned in the context of the Assistant Commissioner of Police filing an Alteration Memo before the Magistrate. The judgment also mentions Section 302 IPC in the context of the appellant asserting that his daughter's death warranted investigation under this section.
- The Mental Healthcare Act, 2017: The judgment refers to the Mental Healthcare Act, 2017, as a rights-based legislation that reinforces the constitutional mandate by recognizing 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, which guarantees mental health services to all, and Section 115 of the MH Act, which explicitly decriminalizes attempted suicide, are also mentioned.
- Bharatiya Nagarik Suraksha Sanhita, 2023: Section 193(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, is mentioned as the provision under which the CBI shall submit its report upon conclusion of the investigation.
- General Principles of Law: The judgment discusses the principle that the power to transfer an investigation to the CBI is an extraordinary measure to be exercised with great caution, only in rare and exceptional circumstances. The judgment emphasizes the need for fairness in investigation, preservation of public confidence in the administration of justice, and protection of fundamental rights. It also discusses the circumstances under which Constitutional Courts may invoke their jurisdiction to direct a CBI investigation, such as where State machinery appears to be ineffective, biased, or complicit. The judgment also discusses the importance of ensuring a fair process for individuals under investigation.
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