Supreme Court Overturns Allahabad HC, Rules Groping and Untying Pyjama String is "Attempt to Rape"

The Supreme Court on Tuesday ruled that groping a female and untying her pyjama string constituted "attempt to rape," setting aside the Allahabad High Court's controversial judgment that had termed the offence merely "preparation to commit rape"—a lesser charge categorized as outraging the modesty of a woman.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and NV Anjaria revived the original stringent charge of attempt to rape against two persons under the POCSO Act.

The HC's March 17, 2025 judgment had created a furore, prompting the Supreme Court to take suo motu cognisance after receiving a letter from NGO 'We the Women' through founder president and senior advocate Shobha Gupta.

Senior advocates Gupta and HS Phoolka had pleaded for greater sensitivity among judges while dealing with sexual offences against women.

Writing the judgment, CJI Kant emphasized the need for empathy in judicial proceedings.

"No judge or judgment of any court can be expected to do complete justice when it is inconsiderate towards the factual realities of a litigant and the vulnerabilities which they may be facing in approaching a court of law," the bench observed.

The court added that judicial efforts "must not only be grounded in the sound application of constitutional and legal principles but also foster an environment of compassion and empathy."

The Supreme Court requested National Judicial Academy Director Justice Aniruddha Bose to constitute an expert committee to prepare a "comprehensive report" on developing guidelines to inculcate sensitivity and compassion in judges handling sexual offences and vulnerable cases.

"The guidelines, we expect, will not be loaded with heavy, complicated expressions borne from foreign languages and jurisdictions," the bench said, having earlier termed former CJI DY Chandrachud's 'Handbook on Combating Gender Stereotypes' too "Harvard-oriented."