The Supreme Court took suo motu cognizance of the Patna High Court's judgment which held that allegations of attempting to remove a woman's salwar and physically molesting by pressing her chest do not constitute 'attempt to rape'.

The bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice V Mohana noted that some of the observations of the High Court were offensive.

"There are some offending observations," CJI Surya Kant told Bihar Advocate General SD Sanjay. "We will be able to set aside only after hearing the accused...you please make sure through local police that he is served," CJI added.

The Patna High Court held that allegations of attempting to remove a woman's salwar and physically molesting by pressing her chest, without evidence of penetration or any overt act unequivocally establishing an intention to commit rape, do not constitute the offence of attempt to rape.

Observing that the allegations "at best" disclosed an offence of outraging the modesty of a woman under Section 354 of the Indian Penal Code, the Court set aside the appellant's conviction under Sections 376 read with 511 IPC.

In July, the CJI's bench was informed about the Patna High Court's order during the hearing of the suo motu case taken up over the Allahabad High Court verdict that grabbing the breasts of a minor girl, breaking the string of her pyjama and trying to drag her beneath a culvert would not come under the offence of 'attempt to rape'.

Senior Advocates Shobha Gupta and HS Phoolka submitted that despite the Supreme Court taking suo motu case over the Allahabad High Court order and setting it aside, the Patna High Court order came to be passed in similar facts and making similar observations. The Supreme Court had set aside the Allahabad High Court's controversial ruling, and issued guidelines to judges on sensitively handling sexual offences.

Case: IN RE: ORDER DATED 09.07.2026 PASSED BY THE HIGH COURT OF JUDICATURE AT PATNA IN CRIMINAL APPEAL (SJ) NO. 775/2013 AND ANCILLARY ISSUES Versus, SMW(Crl) No. 5/2026