The Supreme Court said it will ask the National Judicial Academy to prepare a pan-India report on how courts should record observations in sexual assault cases. The top court also indicated it will set aside the Allahabad High Court order criticised for insensitive remarks that could have a chilling effect on victims.
The Supreme Court of India on Tuesday said it is considering laying down clear guidelines for High Courts and trial courts on how judges should record observations in sexual assault cases. The court also indicated that it may ask the National Judicial Academy to prepare a detailed, nationwide report on this issue.
A Bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice N V Anjaria made these oral observations while hearing a suo motu case related to controversial remarks made by the Allahabad High Court in a sexual assault matter.
The Supreme Court said it would set aside the Allahabad High Court’s March 17, 2025 order, in which the High Court had held that “mere” grabbing the breasts of a minor girl, breaking the string of her pyjama and attempting to pull down her lower garment were not enough to establish an attempt to commit rape.
The apex court had earlier taken suo motu cognisance of the High Court’s observations after concerns were raised about the language and reasoning used in the judgment. The Supreme Court noted that such remarks could seriously harm survivors of sexual violence.
The Bench observed that insensitive judicial comments in sexual assault cases can have a “chilling effect” on victims, their families, and society at large. It recalled that in December, the court had already indicated that it may consider issuing comprehensive guidelines for courts across the country on how such cases should be dealt with, especially in terms of language and reasoning.
During Tuesday’s hearing, the Bench said that the preparation of guidelines would require expert input and a nationwide approach. The Chief Justice said, “We will set aside the order (of the high court). We will ask the National Judicial Academy to make a comprehensive report on the issue.”
One of the advocates appearing in the case informed the court that an application had been filed highlighting the need for courts to use age-appropriate and sensitive language in sexual offence cases involving minors.
Responding to this, the Bench said,
“So far as the guidelines are concerned, we are thinking that we will ask the National Judicial Academy. Let them prepare a comprehensive report,”
and added that the exercise must be conducted across India to ensure uniform standards.
Senior advocate H S Phoolka, appearing for one of the petitioners, drew the court’s attention to long delays in such cases. He pointed out that several matters were pending for eight to nine years, even in situations where victims had not yet been cross-examined.
In response, the Bench suggested that a separate public interest litigation could be filed to address systemic delays. The Chief Justice encouraged him by saying, “You do it for the system and the society.”
The court said that it would pass a detailed order in the matter.
Earlier, in March last year, the Supreme Court had stayed the Allahabad High Court’s observations, describing them as reflecting a
“totally insensitive and inhuman approach”.
The suo motu proceedings were initiated after the issue was brought to the attention of the then Chief Justice by a civil society forum called
“We the Women of India”.
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The main criminal case relates to an incident in which three men allegedly stopped a woman and her 14-year-old daughter. The accused are alleged to have grabbed the minor girl’s breasts, pulled the drawstrings of her lower garment, and attempted to drag her under a culvert.
Despite these allegations, the Allahabad High Court had concluded in its impugned order that the acts were
“not sufficient to draw an inference that the accused persons were determined to commit rape”
and had suggested that only lesser charges of assault under Section 354 of the Indian Penal Code be applied.
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