Supreme Court Expresses Concern Over Patna High Court Ruling on Groping

The Supreme Court has taken exception to a recent order of the Patna High Court that ruled removing a woman's salwar and pressing her breasts do not constitute an attempt to rape. The high court had held that the acts amounted to the offence of outraging a woman's modesty and quashed a man's conviction for attempt to rape.

The matter was raised before a bench led by Justice Surya Kant by senior lawyer Shobha Gupta, who argued that such objectionable orders were being passed regularly. Taking note of the high court order passed on July 9, the bench expressed serious concern and said that judges should conduct research and take note of apex court rulings.

“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 judgement also,” the bench said, while approving a report prepared by the National Judicial Academy's expert committee that contains guidelines on judicial sensitivity in sexual offence cases.

The Supreme Court has been expressing concerns over observations by judges and has taken suo motu cognisance in two similar cases. Last year, the Allahabad High Court ruled that grabbing a child's breasts, breaking the drawstrings of her pajamas, and attempting to drag her beneath a culvert do not constitute the offence of rape or attempt to rape. In another case, the same high court, while granting bail to an accused in a rape case, said the complainant had “herself invited trouble” by agreeing to go to the applicant's house after getting drunk.