NEW DELHI/PATNA: The Supreme Court has expressed strong displeasure over the lack of judicial sensitivity in sexual offense cases, specifically taking note of a recent Patna High Court order which held that pulling down a woman’s ‘salwar’ and pressing her chest does not amount to an attempt to rape.
The division bench headed by Chief Justice of India Surya Kant and Justice V. Mohana directed that the National Judicial Academy Committee’s report on judicial sensitivity in sexual offenses be uploaded on the websites of the Supreme Court and all High Courts. The apex court ordered that all courts must adhere to the handbook, and state governments must issue directives ensuring police stations follow these guidelines while registering FIRs and filing chargesheets.
The matter escalated after senior advocate Shobha Gupta informed the apex court that such rulings continue to emerge, citing a July 9 order from the Patna High Court. Taking note, Chief Justice Surya Kant remarked that judges bear the responsibility to conduct research, adding that “staff is doing nothing.” The current proceedings stem from a suo motu case initiated following a March 17, 2025, order by the Allahabad High Court, which had similarly held that pulling a girl’s pajama drawstring and grabbing her breasts did not constitute an attempt to rape.
The controversy stems from a Patna High Court ruling delivered by Justice Purnendu Singh, which set aside a man’s conviction for attempt to rape. The High Court observed that while the accused used criminal force by locking the victim inside a studio, attempting to strip her, and pressing her chest, these actions amounted to outraging the modesty of a woman under Section 354 of the IPC, rather than an attempt to commit rape.
The case dates back to a 2008 incident in Amarpur, where a woman alleged she was assaulted inside a photography studio after the owner asked her father to wait outside to process photos. The trial court had initially convicted the accused for attempt to rape and wrongful confinement based on testimonies from the victim and her parents.
However, upon reviewing the evidence, the Patna High Court noted a lack of medical evidence and the non-examination of the investigating officer during the trial. The High Court concluded that the prosecution failed to establish an attempt to rape, modifying the conviction to outraging a woman’s modesty.
