SC flags lack of research in judgments over Patna HC's 'attempt to rape' ruling

Jul 15, 2026

New Delhi [India], July 15 : The Supreme Court has expressed concern over the lack of thorough research before judgments are delivered after being informed that the Patna High Court had held that allegations of attempting to remove a woman's salwar and physically molesting her by pressing her chest did not amount to an offence of attempt to rape.
A bench of Chief Justice of India Surya Kant, Justices Joymalya Bagchi and V Mohana said it would pass a detailed order examining the recent Patna High Court's decision.
The apex court was informed about the Patna High Court order by a lawyer on Tuesday during the hearing of the suo motu case taken up over the Allahabad High Court verdict that held grabbing the breasts of a minor girl, breaking the string of her pyjama and trying to drag her beneath a culvert would not come under the offence of attempt to rape.
During the hearing, the bench approved a report placed before it by the National Judicial Academy's Expert Committee regarding the guidelines on judicial sensitivity in sexual offence cases.
The apex court directed all courts in the country to strictly follow the expressions used in the handbook/guidelines approved by it.
Earlier this year, the top court had directed the National Judicial Academy to frame comprehensive draft guidelines to inculcate sensitivity and compassion in judicial handling of sexual offence cases.
It had said that such norms must reflect India's social fabric and not be borrowed from foreign jurisdictions.

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