Touching a woman inappropriately amounts to attempt to rape ! : Supreme Court

Allahabad High Court had ruled that such an act amounted to ‘preparation for rape’

New Delhi – In an important ruling in a case, the Supreme Court has held that touching a woman inappropriately and loosening the drawstring of her pyjamas falls within the ambit of ‘attempt to rape’. The Allahabad High Court had earlier ruled that the offence amounted to ‘outraging modesty’ or merely ‘preparation for rape’. The High Court’s decision had faced severe opposition. After the judgment delivered by the Allahabad High Court about a year ago, on 17 March 2025, there was widespread outrage across the country. Taking suo motu cognisance of the opposition, the Supreme Court set aside the Allahabad High Court’s observation.

A Bench comprising Chief Justice Suryakant, Justice Joymalya Bagchi and Justice N V Anjaria quashed the High Court’s decision. The Court has reinstated the charge of ‘attempt to rape’ under the POCSO Act against the two accused.

Legal decisions must reflect humanity and sensitivity ! – Supreme Court

The Court made an important observation. Chief Justice Suryakant stated that judges must not only consider constitutional and legal principles, but also show compassion and empathy. The Court further observed that legal decisions must reflect humanity and understanding.