SC seeks sensitive overhaul of judicial handling in sexual offence cases

In a strong message on both judicial sensitivity and legal interpretation, the Supreme Court has not only restored an attempt to rape charge in a case involving a minor but also directed the National Judicial Academy to frame comprehensive guidelines to ensure a more compassionate and victim centric judicial approach in sexual offence cases.

A Bench led by Chief Justice of India Surya Kant , along with Justices Joymalya Bagchi and N V Anjaria , set aside a controversial order of the Allahabad High Court which had held that grabbing a girl’s breasts and pulling the string of her pyjama amounted only to preparation to commit rape, and not an attempt.

The apex court ruled that the allegations clearly disclosed a prima facie case of attempt to commit rape , restoring the original charge under Section 376 of the Indian Penal Code along with proceedings under the Protection of Children from Sexual Offences Act. Terming the High Court’s reasoning a “patently erroneous application of settled criminal jurisprudence”, the Bench said the accused appeared to have acted with a pre-determined intent to commit the offence. It clarified, however, that these observations are limited to a prima facie view and will not affect the ongoing trial.

The case stems from a November 2021 incident in which a 14 year old girl was allegedly groped and dragged towards a culvert before the accused fled when locals intervened.

Significantly, while disposing of the suo motu proceedings, the Court reflected on a larger institutional concern. It observed that despite past efforts, there remains a need to inculcate greater sensitivity and compassion in judicial processes , especially in cases involving women, children and other vulnerable persons.

The Court has therefore asked the National Judicial Academy to constitute an expert committee to prepare draft guidelines aimed at developing a more victim sensitive judicial framework . The committee will review previous measures and recommend structured reforms to strengthen judicial responses in such cases.

Underscoring the broader principle, the Court observed that justice cannot be complete if it overlooks the lived realities and vulnerabilities of litigants. Judicial decisions, it said, must reflect compassion, humanity and understanding to ensure a fair and effective justice system.