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SC Slams 'Attempt to Rape' Ruling

Summary

  • Supreme Court questions Patna High Court's reasoning on rape attempt.
  • Court emphasizes greater sensitivity in sexual offense cases.
  • New guidelines issued for handling sexual assault matters.
SC Slams 'Attempt to Rape' Ruling

The Supreme Court on Tuesday expressed grave concerns regarding a recent Patna High Court judgment that deemed certain acts, including pressing a woman's breasts and attempting to remove her clothing, as not amounting to an attempt to rape. This judicial review occurred during a suo motu hearing focused on how courts nationwide handle sexual assault cases.

Chief Justice of India Surya Kant highlighted a perceived lack of thorough research in such judgments, emphasizing the critical need for greater judicial sensitivity in cases involving sexual violence. The Supreme Court also approved and directed the implementation of detailed guidelines prepared by an Expert Committee of the National Judicial Academy to ensure sensitive proceedings for survivors of sexual offenses.

These new guidelines will be circulated to all courts, judicial academies, and legal institutions across India. They also mandate that investigating officers and police personnel follow them when recording FIRs and filing charge sheets. This initiative follows the Supreme Court's earlier intervention in a similar Allahabad High Court case, underscoring a continued effort to standardize and improve judicial responses to sexual offense cases nationwide.

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