One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: A college student passed away during a fest after being denied timely medical treatment for a fever, while hostel staff failed to provide proper medication. In such cases, the hostel authorities and college administration can face criminal prosecution for negligence under the Bharatiya Nyaya Sanhita (BNS), including charges of culpable homicide not amounting to murder and causing death by negligence. The parents can file an FIR, seek compensation, and pursue disciplinary action against the staff.
It was early July 2025. A private engineering college in Indore was buzzing with its annual fest, scheduled for the 10th and 11th. Students, especially first-years, were pushed hard — made to set up stages, carry materials, and serve food without a break. Seniors hogged meals first. The juniors had to wait until after the event. Many were in tears from hunger and exhaustion.
Then came the news that no one expected. On the second morning, a second-year female student was found unwell. She'd been running a fever for two days. The hostel staff, according to students, gave her no proper medication — just some paracetamol tablets from a general store. At the fest, she collapsed after vomiting continuously. She was rushed to a nearby hospital but was declared dead on arrival.
The college Vice Chancellor issued a brief, cold statement: "Take care of yourselves. We can't bring her back." The parents, devastated — they had lost their only child — were left shattered. The fest was cancelled. But no one from the hostel or college administration took responsibility. That's when the family approached the Chamber of Advocate Sudhir Rao. After reviewing the facts, the office filed a criminal complaint and a civil claim for compensation. The specialised handling — focusing on medical negligence and duty of care — helped secure an order for a thorough investigation and interim relief for the grieving family.
Key Facts of the Case
- The student had a fever for 2-3 days before the event but hostel staff failed to provide timely or proper medical care.
- She was vomiting continuously during the fest and collapsed; she was taken to hospital only after she became critically ill.
- The Vice Chancellor was present but did not take any immediate remedial or accountability measures.
- No FIR was initially registered by the local police despite the death being unnatural and suspicious.
- The parents had to approach the High Court through the Chamber of Advocate Sudhir Rao to compel an investigation.
- Post-mortem report indicated death due to complications arising from untreated infection, supporting a case of criminal negligence.
- Hostel staff and college administration are jointly liable for breach of duty of care towards resident students.
The Direct Legal Answer
Can the hostel staff and college be held criminally liable?
Yes. Under the Bharatiya Nyaya Sanhita (BNS), if a person in charge of another's care — such as hostel staff for a sick student — fails to provide necessary medical attention, and that failure causes death, it can attract charges under Section 106 (causing death by negligence) or even Section 105 (culpable homicide not amounting to murder) if there is gross recklessness. In this case, ignoring a fever for 2-3 days without proper medication while the student was vomiting is actionable.
What about the college administration?
The college has a duty of care under the principle of in loco parentis — meaning they stand in the place of parents while students are on campus. Failure to act can lead to both criminal liability and civil claims for compensation under the law of torts.
Can the parents sue for compensation?
Yes. A civil suit for damages for wrongful death can be filed in the civil court. Additionally, a complaint can also be made to the National Human Rights Commission or the State Human Rights Commission for custodial death-like scenarios, though the student wasn't in police custody, the principle of state/private institutional responsibility can apply.
Advice in Such Cases
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
Do not delay filing the FIR. The sooner the police records the complaint, the more evidence they can gather — including witness statements from students, CCTV footage, medical records, and the post-mortem report. Also, write a formal letter to the college management demanding a copy of the medical log and complaint register. This type of case requires an advocate familiar with medical negligence and criminal law — general practitioners often miss procedural steps like securing interim compensation or filing a private complaint if the police refuse to act.
Applicable Sections of Law
- Section 105 of BNS — Culpable homicide not amounting to murder (if the negligence is gross and amounts to knowledge of likely death).
- Section 106 of BNS — Causing death by negligence (punishable with imprisonment up to 5 years and fine).
- Section 126(2) of BNS — Voluntarily causing hurt by dangerous weapons or means (if the denial of medical care is seen as a dangerous omission).
- Section 172 of BNSS — Police powers to investigate cognizable offences; failure to register an FIR can be challenged under Section 173(4) BNSS before the Superintendent of Police.
- Article 21 of the Constitution — Right to life, which includes the right to timely medical care in institutional settings.
Punishment and Penalties
- Under Section 106 BNS (causing death by negligence): Imprisonment up to 5 years, or fine, or both. This is a cognizable, bailable, and non-compoundable offence.
- Under Section 105 BNS (culpable homicide not amounting to murder): Imprisonment up to 10 years, or life imprisonment, and fine. This is a cognizable, non-bailable, and non-compoundable offence.
- Fine under Section 126(2) BNS can extend based on the hurt caused.
- Additionally, civil compensation can be claimed under the Fatal Accidents Act, 1855, or through a regular civil suit for damages.
Jurisdiction — Where to File the Case
The criminal complaint must be filed at the police station that has territorial jurisdiction over the college (the place where the death occurred). In this case, the Indore police station covering the college's locality would handle the investigation. If the police refuse, the parents can move the Sessions Court or the High Court in Indore for a direction. The civil suit for compensation should be filed in the civil court of the district where the college is located, or where the parents reside (at their option). Jurisdiction matters because the wrong court can lead to delays and technical dismissal.
What if Police Refuse to File FIR?
This happens often — police try to avoid registering a case against an educational institution. Here's what you can do:
- Write a detailed complaint to the Superintendent of Police (SP) of the district under Section 173(4) BNSS. The SP can order a fresh investigation.
- If the SP also refuses, file a private criminal complaint before the Magistrate under Section 175(3) BNSS. The Magistrate can direct the police to investigate.
- As a last resort, file a writ petition in the High Court under Article 226 of the Constitution, seeking a direction for FIR registration and investigation.
- Collect all evidence — medical records, student statements, CCTV footage — before approaching the authorities.
Rights of the Accused
If the hostel staff or college officials are arrested, they have certain rights:
- Right to remain silent and against self-incrimination under Article 20(3) of the Constitution.
- Right to be represented by a lawyer under Article 22(1).
- Right to be produced before a Magistrate within 24 hours of arrest under Section 58 BNSS.
- Right to know the grounds of arrest and to get a copy of the FIR.
- Right to bail if the offence is bailable.
Bail Provisions
If charged under Section 106 BNS (death by negligence), the offence is bailable. The accused can apply for regular bail before the Magistrate or Sessions Court. If charged under Section 105 BNS (culpable homicide), it is non-bailable. In that case, the accused can apply for anticipatory bail under Section 482 BNSS before the Sessions Court or High Court, if they anticipate arrest. Bail strategy depends on the strength of the evidence and the risk of the accused tampering with evidence or fleeing.
Quashing of FIR / Case
The accused parties (college, hostel staff) can approach the High Court under Section 528 BNSS (inherent powers) to quash the FIR. However, quashing is only granted in rare cases — for instance, if the FIR does not disclose any prima facie offence, or if the matter is patently civil in nature, or if the parties have settled the matter amicably (only if the offence is compoundable). Given the serious nature of a death, quashing is unlikely unless the investigation finds no negligence at all.
If You Are the Victim
- Immediately file a written complaint at the local police station. Do not accept oral assurances — get a written acknowledgement or diary number.
- Secure all medical records of the deceased — prescription slips, hospital admission papers, and the post-mortem report.
- Collect statements from eyewitnesses (other students) in writing, preferably notarised.
- Demand a copy of the hostel's medical complaint register and any CCTV footage of the period when the student was ill.
- Contact a lawyer who handles criminal negligence and institutional liability cases — don't go to a general practitioner for this.
Documents You Must Keep Ready
- Death certificate and post-mortem report.
- Medical records (prescriptions, hospital bills, discharge summary if any).
- Copy of the FIR and police acknowledgment.
- Identity proof of the deceased and parents (Aadhaar, PAN).
- Affidavits from student witnesses.
- Any communication with the college or hostel authorities (letters, emails, WhatsApp chat).
- Photographs or videos from the event showing the student's condition.
What Evidence Is Required?
- Post-mortem report: To establish the cause of death and whether timely medical care could have prevented it.
- Medical log from hostel: To show that the student reported illness and was not given proper treatment.
- Witness statements: Especially from first-year students who saw the senior vomiting and the lack of response.
- CCTV footage: From hostel corridors, the fest venue, and the hospital route.
- Phone records: To show if the hostel staff called a doctor or an ambulance in time.
- College notice/register: To verify the fest schedule and who was on duty.
How the Police Behave in Such Cases
Police often hesitate to register an FIR against a college — institutions have influence. Expect pushback. They may call it a "natural death" or "accident" to close the matter. That's why you must insist on a proper investigation. If the police are uncooperative, your lawyer can file a private complaint before the Magistrate. The Magistrate can then order an investigation under Section 175 BNSS. Be prepared for the possibility that the initial investigation may be slow or biased; that's why independent evidence collection is vital.
Timeline of Legal Process
- FIR registration: Same day or within a few days of filing the complaint.
- Investigation and post-mortem: 1 to 3 months for a full report, depending on forensic backlog.
- Chargesheet filing: Within 60-90 days from arrest (if accused are in custody) or 6 months for non-custodial cases.
- Cognizance by Magistrate: 1-2 months after chargesheet is filed.
- Framing of charges: 2-4 months after cognizance.
- Trial: 6 months to 2 years (depending on court workload and number of witnesses).
- Civil suit for compensation: 1-3 years, including interim orders.
How Long Will the Investigation Take?
Typically, the police investigation in a death-by-negligence case can take 3 to 6 months. The post-mortem report usually comes within 2-4 weeks. If the accused are arrested, the chargesheet must be filed within 60-90 days. If they are not in custody, the investigation may stretch longer. Delays are common due to forensic bottlenecks and witness availability.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Criminal cases involving death by negligence (Section 106 BNS) are non-compoundable — meaning the parties cannot simply settle the criminal case and walk away. However, the victim's family can agree to a civil settlement for compensation. The criminal trial will still proceed. Settlement can be explored through mediation or at a Lok Adalat for the civil component. Many colleges offer a compensation package to avoid reputational damage. If the family accepts, they can file a compromise petition before the criminal court, but the court may still proceed with the trial if it finds the negligence was gross. It is advisable to consult a lawyer before signing any settlement agreement.
Common Mistakes People Make
- Delaying the FIR: Waiting even a day gives the college time to destroy evidence or pressurise witnesses. File immediately.
- Not preserving evidence: Throwing away old medicine packets, prescription slips, or deleting WhatsApp chats can kill the case.
- Speaking to the police without a lawyer: Police may record your statement in a way that downplays the negligence. Have a lawyer present.
- Posting on social media: Angry posts can be used by the defence to allege exaggeration or malice. Keep details confidential.
- Engaging a lawyer without domain experience: A general practitioner may not know the procedural strategies for getting an FIR registered against an institution, or how to secure interim compensation. An advocate who handles institutional liability and medical negligence cases regularly will manage evidence challenges, witness protection, and court timelines far more effectively.
FAQs People Normally Have
Can we file a case if the college claims it was a natural death?
Yes. "Natural death" is not a legal defence against negligence. If the hostel staff failed to provide timely medical care, they are liable regardless of the underlying illness. The post-mortem will clarify if timely treatment could have saved the student.
Is the Vice Chancellor personally liable?
If the VC knew about the student's condition and did nothing, or if he failed to ensure proper medical facilities on campus, he can be held vicariously liable as the head of the institution. However, direct criminal liability requires proving his specific role or instructions.
What if the college threatens to expel other students for speaking up?
That would be illegal retaliation. Witnesses can approach the court for protection. The court can issue orders preventing the college from taking coercive action against student witnesses.
How much compensation can we claim in a civil suit?
Compensation for wrongful death depends on the deceased's age, earning capacity (if any), and the family's dependency. For a student, courts typically award ₹10-25 lakhs as general damages, plus medical expenses and funeral costs. Punitive damages may also be awarded if the negligence was gross.
Do we need a lawyer for the FIR?
Highly recommended. Without a lawyer, the police may register it as a simple accidental death report (ADR) rather than a cognizable offence. A lawyer ensures the FIR names specific accused and sections, strengthening the case from day one.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India