Supreme Court Approves Guidelines On Judicial Sensitivity In Sexual Offence Cases; Directs All Courts To Follow

The Supreme Court today approved a report placed before it by the National Judicial Academy's Expert Committee containing guidelines on judicial sensitivity in sexual offense cases.Further, it directed all Courts in the country to strictly follow the expressions used in the approved guidelines/handbook.As per the order, the approved guidelines/handbook shall be uploaded on the websites of the Supreme Court, all High Courts as well as District Courts (where such websites exist). They shall also be circulated to the National and all State Judicial Academies, as well as National Law Universities and Law Departments of other Universities."The Director of Prosecution and Director General of Police of all the States are also directed to issue necessary instructions to all police stations to follow the contents of the handbook while recording an FIR or filing a chargesheet", the order added."The Committee has done a commendable job", remarked CJI Surya Kant. Later, the bench, also comprising Justice Joymalya Bagchi and Justice V Mohana, conveyed that the approved guidelines will be made part of the judicial order.The details of the guidelines will be known once they are uploaded.The development happened in a suo motu case taken by the Supreme Court over a controversial ruling of the Allahabad High Court which held that removing the pyjama strings of a minor girl and grabbing her breasts will not amount to attempt to rape.To recap, in February this year, after setting aside the High Court's verdict, the Supreme Court had directed the National Judicial Academy to frame comprehensive draft guidelines to inculcate sensitivity and compassion in judicial handling of sexual offence cases, stressing that such norms must reflect India's social fabric and not be borrowed from foreign jurisdictions.Hence, the Court requested Justice Aniruddha Bose, former judge of the Supreme Court and Director of the National Judicial Academy Bhopal, to constitute a Committee of Experts to deliberate upon "Developing Guidelines to Inculcate Sensitivity and Compassion into Judges and Judicial Processes in the Context of Sexual Offences and other Vulnerable Cases"."There are various examples of offensive words and expressions, the use of which would ordinarily constitute an offence under our penal laws, but they are openly spoken by members of our society in local dialects, ostensibly because of the absence of a clear understanding of the offensive nature of such saying. It shall be highly appreciated if the Committee, as a part of its report, is able to identify and compile such words/expressions, from different languages, so that they do not go unnoticed, and the complainants/victims are empowered to give a better and fuller narrative of the trauma undergone by them", the order stated.Pursuant to this order, the Experts Committee placed a report before the Court containing the guidelines, which were approved.Case Title: IN RE: ORDER DATED 17.03.2025 PASSED BY THE HIGH COURT OF JUDICATURE AT ALLAHABAD IN CRIMINAL REVISION NO. 1449/2024 AND ANCILLARY ISSUES | SMW(Crl) No. 1/2025Related - Patna High Court Ruling That 'Attempt To Remove Salwar, Pressing Chest' Is Not Attempt To Rape Flagged Before Supreme Court

Supreme Court Approves Guidelines On Judicial Sensitivity In Sexual Offence Cases; Directs All Courts To Follow

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Supreme Court Approves Guidelines On Judicial Sensitivity In Sexual Offence Cases; Directs All Courts To Follow

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