The Supreme Court of India has sharply criticised a recent Patna High Court judgement which ruled that attempting to remove a woman’s lower clothing (salwar) and pressing her breasts does not constitute an “attempt to rape”.
During a recent hearing, a three-judge bench led by Chief Justice of India (CJI) Surya Kant questioned the legal reasoning behind the controversial acquittal, stressing that judges must conduct proper research before delivering such verdicts. The High Court had previously argued that these actions amounted merely to “outraging modesty” rather than an attempted rape. In response, the apex court has mandated the implementation of new guidelines for judicial sensitivity in sexual offence cases across all courts and police stations.
The Core of the Controversy
The controversy stems from a 2008 case involving a photo studio owner in Bihar who locked a woman inside his shop, attempted to undress her, and physically assaulted her.
While a trial court convicted the accused of attempted rape and wrongful confinement in 2013, Patna High Court’s Justice Purnendu Singh overturned this conviction in July 2026. The judge noted a “complete absence of medical corroboration” and concluded that without an overt act unequivocally pointing to penetration, the offence did not attract the charge of attempted rape under the Indian Penal Code.
CJI Surya Kant rebuked this logic in the Supreme Court, remarking that judges should thoroughly research apex court rulings before passing such orders.
A Pattern of Judicial Insensitivity?
This alarming ruling was brought to the Supreme Court’s attention by senior advocates Shobha Gupta and H.S. Phoolka during a suo motu hearing regarding a similar legal precedent.
In March 2025, the Allahabad High Court passed an order stating that breaking a minor girl’s pyjama strings and grabbing her did not constitute an attempt to rape, categorising it instead as aggravated sexual assault. The apex court had previously stayed that verdict, condemning the “total insensitivity” displayed. To combat this recurring issue, the Supreme Court has now approved a comprehensive report by the National Judicial Academy’s Expert Committee. This handbook aims to enforce empathy and establish strict guidelines on how judicial officers and police stations should handle and interpret sexual offence cases moving forward.
The Logical Indian’s Perspective
At The Logical Indian, we firmly believe that justice cannot merely rely on archaic, patriarchal interpretations of physical trauma.
When the guardians of our legal system minimise severe sexual assault to merely “outraging modesty,” it invalidates the horrific lived experiences of survivors and discourages women from seeking legal recourse. The Supreme Court’s swift intervention is a welcome step towards restoring faith in the judiciary, but true harmony and empathy require a fundamental shift in how society and our courts perceive bodily autonomy and consent. Why must victims continuously bear the burden of “medical corroboration” for an intent that is blatantly obvious, and how can we ensure our lower courts remain empathetic and accountable in safeguarding women’s rights?
Also Read: Karnataka HC Recognises Children’s Right To Play, Bars Apartment Bodies From Imposing Arbitrary Bans
