Supreme Court Raps Patna HC Over 'Grabbing Breast Not Attempt To Rape' Ruling, Cites 'Lack Of Research'

Published 15 July 2026 · local

Supreme Court Raps Patna HC Over 'Grabbing Breast Not Attempt To Rape' Ruling, Cites 'Lack Of Research' Published By, Last Updated: July 15, 2026, 10:42

Supreme Court Raps Patna HC Over 'Grabbing Breast Not Attempt To Rape' Ruling, Cites 'Lack Of Research' Published By, Last Updated: July 15, 2026, 10:42 IST The Patna High Court observed that attempting to remove a woman's salwar and pressing her chest did not amount to an attempt to rape. Supreme Court of India (Photo: PTI) The Supreme Court on Tuesday pulled up the Patna High Court for holding that attempting to remove a woman’s salwar and pressing her chest did not amount to an attempt to rape, with the Chief Justice of India expressing concern over the “lack of thorough research" before such judgments are delivered. The issue was raised before a bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan during the hearing of the apex court’s suo motu case examining judicial approaches in sexual offence cases. Senior Advocate Shobha Gupta drew the bench’s attention to a recent Patna High Court judgment, which held that allegations of attempting to remove a woman’s salwar and physically molesting her by pressing her chest did not constitute the offence of attempt to rape. The matter was brought up while the Supreme Court was hearing its suo motu proceedings initiated over an Allahabad High Court judgment that had observed that grabbing the breasts of a minor girl, breaking the string of her pyjama and attempting to drag her beneath a culvert would not amount to an offence of attempt to rape.

Reacting to the Patna High Court ruling, the Chief Justice remarked on the need for greater judicial scrutiny before delivering such verdicts. He said that there is a lack of thorough research. “The staff is doing nothing," the said. The bench indicated that it would pass a detailed order dealing with the Patna High Court’s observations. Also Read: Sex Education Is Coming To Indian Schools Soon: What Centre Has Told Supreme Court During the hearing, the Supreme Court also approved a report prepared by the Judicial Academy’s Expert Committee containing guidelines on judicial sensitivity in cases involving sexual offences. The apex court directed that all courts across the country strictly adhere to the expressions and terminology prescribed in the approved handbook. “It is directed that all courts shall follow the expression contained in the handbook. States to issue instructions to all police stations to follow handbooks while registering FIR and filing chargesheet. we will upload a reasoned judgment also," the Court stated. What the Patna High Court had said The Patna High Court had made the observations while setting aside a man’s conviction for attempt to rape in a case dating back to 2008. According to the prosecution, the survivor had accompanied her father to a photography studio in Bihar’s Amarpur. After taking her photograph, the studio owner allegedly asked her father to wait outside, bolted the studio door from inside and attempted to sexually assault her. Hearing her cries, the woman’s father rushed to the room, following which the accused fled.