Supreme Court Moots Guidelines To Curb Insensitive Observations By Courts In Sexual-Offence Cases; Stays Allahabad HC Judgment

The Supreme Court today stayed the Allahabad High Court decision which held that grabbing the breasts of a minor girl, breaking the string of her pajama and trying to drag her beneath a culvert would not come under the offence of attempt to rapeThe bench of CJI Surya Kant and Justice Joymalya Bagchi was hearing the matter. The bench observed the need for laying down guidelines for Courts to follow while making observations in such sensitive matters involving sexual offences. Sr Advocate Shobha Gupta appearing on behalf of the NGO 'We the Women of India', flagged the issue of objectionable observations like the above being made in similar cases across various High Courts. "Unfortunately, this is not a single judgment. Similar judgments came from another bench of Allahabad High Court, saying if you are drunk (the victim) and went to the home, you are inviting the trouble yourself. Calcutta High Court- similar observations, Rajasthan High Court- similar observations, it's being repeated." Another counsel appearing in a connected matter weighed in to add that in a Kerala Sessions Court trial, during an in-camera hearing, there were several people present, and the victim was harassed.The CJI said, "we are inclined to lay down some comprehensive guidelines".He added, "Our concern is that at the level of the High Court, the degree of sensitivity which we are required to observe ...sometimes we ignore and make some observation which may have a chilling effect on the victims or the society at large. Maybe this kind of observations happening at the trial court levels are going unnoticed, where the victims and their families might be, unfortunately reconciling with the accused because of this kind of observation." The counsel appearing for the complainant informed the bench that the impugned High Court is not yet stayed (earlier, while taking suo motu cognizance of the High Court's order, the Supreme Court had stayed some of the observations). He added that the trial court hearing will happen on 1st January 2026. The counsel for the State of UP informed the bench that while the accused are enlarged on bail, the WhatsApp communication will be sent to the accused persons regarding the trial court hearing. The bench proceeded to stay the impugned order and also clarified that the trial will be conducted for the charges under S. 376 IPC(rape) read with S.18 of POCSO. The order stated as follows: "It is pointed out by the State Counsel that the accused has been served by the state agencies on two occasions, however there is none to come and contest the hearing....Ld Sr counsel for the complainant, submits that the accused are actively participating in the trial court hearings, as they have been enlarged on bail on 6th November, 2025. That shows that the respondents are fully aware of the proceedings pending before this Court."The state may, through the local police station, in the final information to the respondent-accused, inform them about pendency of these proceedings , with liberty for them to join these proceedings on the next date of hearing. However, we make it clear that the matter shall not be adjourned further for the purpose of serving the accused person.""Shobha Gupta Sr Counsel, and other appearing are requested to give brief notes of suggestions on the date fixed, the registry is directed to list the SLP so and so along with this. Meanwhile with a view to ensure that no prejudice is caused to the victim, the operation of the impugned judgment of the High Court is stayed, which would necessarily mean that, if the trial court proceeds, it shall proceed on the premise that the respondents have been summoned to face trial under S.376IPC and S.18 POCSO.""The respondent accused shall be at the liberty to take a defence view....the trial shall proceed on the premise that we have not expressed any final opinion on the merits of whether or not the respondents are guilty of committing the offence under S.376 IPC read with the POCSO provisions referred above." The bench also noted that the IA filed by Sr Adv Shobha Gupta further pointed out that such unpopular observations have been made by various HCs in different cases which she has placed on record. The bench also ordered : "It has been urged by the parties that this Court lay down certain guidelines owing to the sensitivity of the issue and the adverse impact likely to be caused on the victims, their family and the society at large. Place the matter for consideration on so and so date." BackgroundThe High Court had observed that the acts would prima facie constitute the offence of 'aggravated sexual assault' under the POCSO Act, which carries a lesser punishment.Previously, a bench comprising Justice B.R. Gavai and Justice AG Masih had stayed the High Court's observations after taking suo motu cognizance.The cognisance was taken based on the letter sent by Senior Advocate Shobha Gupta, on behalf of the NGO 'We the Women of India'.It is the case of the prosecution...

Supreme Court Moots Guidelines To Curb Insensitive Observations By Courts In Sexual-Offence Cases; Stays Allahabad HC Judgment

Anmol Kaur Bawa

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