SC criticises Patna HC ruling that removing salwar does not constitute rape attempt
The Supreme Court of India has criticized a Patna High Court ruling that suggested removing a woman's clothing did not constitute an attempt to rape. The apex court has issued a notice to the accused to review the legal interpretation of sexual assault cases.
Why it matters
This case highlights a critical judicial debate regarding the definition of sexual assault and the sensitivity of language used in court rulings involving victims.
The Supreme Court on Friday (October 9, 2026) took exception to a recent High Court judgment , which held that removing a woman’s salwar and pressing her chest did not amount to an attempt to rape. The court issued notice to the accused, who had been acquitted of the charges against him.
A Bench headed by Chief Justice of India (CJI) Surya Kant was hearing a suo motu case concerning the High Court ruling, which had held that removing a woman’s salwar and pressing her chest did “not unequivocally establish” an attempt to rape and could, “at best”, constitute assault or use of criminal force with intent to outrage a woman’s modesty under Section 354 of the Indian Penal Code (IPC).
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