SC questions Patna High Court's reasoning on 'rape' bid ruling

New Delhi: The Supreme Court on Tuesday disapproved of a recent Patna High Court order which held that pressing a woman's breasts and attempting to remove her salwar did not amount to an attempt to rape.

A three-judge bench headed by Chief Justice of India (CJI) Surya Kant questioned the judicial reasoning behind the order. Speaking for the bench, CJI Kant orally observed that there was a lack of thorough research before passing such decisions.

The development came during the resumed hearing of a suo motu case initiated over the Allahabad HC's March 2025 verdict, which held that 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".


The Allahabad HC had observed that the acts would prima facie constitute the offence of "aggravated sexual assault" under the Protection of Children from Sexual Offences Act, 2012, which carries a lesser punishment. The Patna HC's recent order was flagged by a counsel during the hearing. The bench was informed that despite the SC taking up the suo motu case and setting aside the Allahabad HC order, the Patna HC had passed a similar ruling. In response, CJI Kant lamented the lack of thorough research before delivering judgements. He said the bench would pass a detailed order addressing the Patna HC's decision.

Earlier this week, the Patna HC made the observations while setting aside a man's conviction for attempt to rape in a 2008 case from Bihar's Amarpur.

Additionally, the SC approved a report submitted by the National Judicial Academy's Expert Committee containing guidelines on judicial sensitivity in sexual offence cases. The bench directed all courts across the country to strictly follow the expressions used in the handbook/guidelines approved on Wednesday.