New Delhi: The Supreme Court on Wednesday came down heavily on the Patna High Court over its recent ruling that allegedly grabbing a woman’s breasts and trying to remove her salwar did not amount to an attempt to rape. Calling the observations a matter of serious concern, the apex court issued notice in the case and sought a response.
A Bench of the Supreme Court questioned the reasoning adopted by the High Court, observing that such findings require careful judicial scrutiny, particularly in cases involving allegations of sexual violence. The court’s intervention comes amid growing criticism of the judgment from legal experts and women’s rights groups.
The controversy arose from a Patna High Court verdict delivered on July 9 in a criminal appeal linked to a 2008 case. While modifying the conviction of the accused, the High Court held that the prosecution had failed to prove the offence of attempted rape. Instead, it ruled that the allegations were sufficient to constitute the offence of outraging the modesty of a woman.
The High Court observed that although the complainant alleged that the accused had pressed her breasts and attempted to remove her salwar, these acts alone did not establish the intention or conduct necessary to sustain a conviction for attempted rape under criminal law.
The judgment sparked widespread debate, with many legal commentators arguing that the interpretation set an unduly narrow threshold for what could amount to an attempt to commit rape. Women’s rights activists also voiced concern, saying such reasoning could discourage survivors from seeking justice and weaken confidence in the legal process.
The Supreme Court’s intervention is being seen as significant, especially because it follows a similar controversy earlier this year. In March 2025, the apex court stayed an Allahabad High Court judgment that had made comparable observations in a sexual assault case, describing that ruling as displaying “total insensitivity” and stressing that courts must adopt a victim sensitive approach while interpreting the law.
Under Indian criminal law, whether an act amounts to an attempt to rape depends on the facts of each case. Courts examine the intention of the accused and whether their actions had progressed beyond mere preparation. There is no fixed formula, and every case is decided on the evidence placed before the court.
The Supreme Court has not yet ruled on the merits of the Patna High Court judgment. With notices now issued, the case will be heard further, and the apex court’s decision is expected to provide important clarity on how courts should assess allegations of attempted rape in future cases.
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