The Supreme Court on Friday underlined the need for judges to be sensitised on the language to be used while dealing with cases of sexual offences as more instances came to the court’s attention involving three high courts after its order last month taking suo motu cognisance of a Patna high court judgment which said pressing a woman’s chest and removing her salwar does not amount to ‘attempt to rape’.
Issuing notice to the accused in the three instances reported from Allahabad, Jharkhand and Calcutta high courts, a bench headed by Chief Justice of India (CJI) Surya Kant said, “Our concern is on the language used by the Allahabad high court. It is something very shocking.”
Senior advocate Shobha Gupta presented an application to the court citing this order as also the orders of the other two high courts. Now the Academy is developing a curriculum. This is extremely important. Members of the judiciary at all levels need to be sensitised on what kind of language must be used. The court had issued notice to the accused indicating that the judgment required to be set aside. Similarly, the court issued notices to the three accused in the cases decided by the high courts of Allahabad, Calcutta and Jharkhand.
The court was referring to a March 2025 judgment where the high court judge said, “This court is of the view that even if the allegation of the victim is accepted as true, then it can also be concluded that she herself invited trouble and was also responsible for the same. The bench, also comprising justices Joymalya Bagchi and V Mohana said, “We passed an order in February 2026 asking the National Judicial Academy to come out with a Handbook to sensitise judges and in July, the handbook was prepared. She further pointed out a Calcutta high court order of April 2025 which gave the benefit of doubt to an accused under POCSO Act. Such evidence may support a charge of aggravated sexual assault under Section 10 of the POCSO Act, 2012, but prima facie does not indicate commission of the offence of attempted rape. the top court had last month taken suo motu cognisance of a Patna high court order of July 9 which held that removing a woman’s salwar and pressing her chest does not amount to attempt to rape While expressing concern over such remarks contained in high court orders.
It said, “The victim girl has deposed that the petitioner was under the influence of alcohol and tried to grope her breasts. The application filed before the court said that some high courts are using the expression ‘preparation to commit rape’ which sounds insensitive and rude towards the victim and the society. It said, “The courts should refrain themselves from using such expression, which often falls into the realm of ‘insensitivity’ or ‘casual approach’ towards the crime and the victim of the crime.”
