Patna High Court’s ‘Attempt to Remove Salwar’ Ruling Comes Under Supreme Court Scanner During Sexual Assault Case Hearing
The Patna High Court’s recent ruling that allegations of attempting to remove a woman’s salwar and pressing her chest do not amount to the offence of attempt to rape has now been brought to the attention of the Supreme Court, adding to the ongoing judicial debate over the interpretation of sexual offence laws. The issue surfaced during a hearing in a suo motu case concerning judicial approaches in sexual assault matters.
The controversy stems from a Patna High Court judgment delivered in an appeal arising from a 2008 case. Justice Purnendu Singh held that while the accused’s alleged acts of confining the woman, attempting to remove her salwar and pressing her chest constituted the offence of outraging the modesty of a woman, they did not satisfy the legal ingredients required to establish an attempt to commit rape, as there was no evidence of penetration or any overt act unequivocally demonstrating such intent. The Court consequently set aside the conviction for attempt to rape.
The ruling was flagged before a Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan during proceedings in the Supreme Court’s suo motu case examining judicial sensitivity in sexual offence cases. Senior Advocate Shobha Gupta referred to the Patna High Court decision while highlighting concerns over recent judgments that have narrowly interpreted the offence of attempt to rape.
The Supreme Court is already dealing with a similar controversy arising from an Allahabad High Court judgment, where observations regarding alleged sexual assault on a minor had prompted the apex court to initiate suo motu proceedings. During the hearing, the Bench was informed that the Patna High Court decision reflected another instance raising questions about the threshold being applied by courts in determining what constitutes an attempt to rape.
Although the Supreme Court has not yet ruled on the correctness of the Patna High Court judgment, the reference assumes significance because the apex court has simultaneously approved comprehensive judicial sensitivity guidelines for handling sexual offence cases. The guidelines emphasise victim-centric adjudication, careful judicial language and a contextual assessment of evidence while deciding such cases.
The development is expected to intensify the legal discourse on the distinction between attempt to rape and outraging modesty, particularly regarding the evidentiary threshold required to prove intent. Any future observations by the Supreme Court could have far-reaching implications for how trial courts and High Courts interpret and apply provisions governing sexual offences across the country.
