Supreme Court Slams Patna High Court Over Ruling That ‘Pressing Woman’s Chest, Trying to Remove Salwar’ Was Not Attempt to Rape
The Supreme Court has strongly criticized a recent Patna High Court judgment that held allegations of pressing a woman’s chest and attempting to remove her salwar did not amount to the offence of attempted rape. Calling the reasoning deeply concerning, the apex court indicated that it would pass a detailed order addressing the High Court’s observations, while emphasizing the need for greater judicial sensitivity in cases involving sexual offences.
The controversy arose from a 2008 criminal case in Bihar’s Amarpur, where a photography studio owner was accused of confining a woman inside his studio after asking her father to wait outside. According to the prosecution, the accused bolted the door, attempted to remove the woman’s salwar and pressed her chest before fleeing when her father rushed in after hearing her cries. A trial court had convicted the accused for attempt to rape and wrongful confinement.
However, while hearing the accused’s appeal, the Patna High Court set aside the conviction for attempted rape. The High Court held that although the alleged acts constituted the offence of outraging the modesty of a woman, the prosecution had failed to establish the legal ingredients necessary to prove an attempt to commit rape. The ruling drew widespread criticism from legal experts and women’s rights advocates for adopting an unduly restrictive interpretation of the law.
The issue was brought before the Supreme Court by Senior Advocate Shobha Gupta during proceedings in the Court’s suo motu case concerning judicial approaches in sexual offence matters. A Bench headed by Chief Justice of India Surya Kant expressed serious concern over the reasoning adopted by the High Court and remarked that such judgments reflected a “lack of thorough research.” The Bench observed that it would issue a reasoned order examining the legal principles involved.
The Supreme Court also used the occasion to reinforce the need for a victim-sensitive approach in criminal adjudication. It approved a handbook prepared by the National Judicial Academy’s Expert Committee on judicial sensitivity in sexual offence cases and directed courts across the country to follow its guidance. The Court further asked States to ensure that police officers also adhere to these principles while registering FIRs and filing charge sheets.
Legal experts believe the Supreme Court’s intervention could have significant implications for the interpretation of “attempt to rape” under criminal law. The apex court is expected to clarify that courts must assess not only the physical acts alleged but also the accused’s intention and the surrounding circumstances, rather than applying an overly narrow or mechanical interpretation of the offence. Such a ruling could influence how sexual offence cases are adjudicated across the country in the future.
