The Supreme Court on Friday heard a Senior Advocate’s objection to the word ‘preparation’ in judicial orders describing sexual acts short of penetration, with CJI Surya Kant describing one High Court’s line as ‘very shocking’.
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New Delhi: The Supreme Court on Friday (October 9) heard Senior Advocate Shobha Gupta assail the use of the word ‘preparation’ in judicial orders to describe sexual acts that stop short of penetration, a usage she called ‘heart-wrenching’. Chief Justice of India Surya Kant remarked that the line used by the Allahabad High Court in this regard was ‘very shocking’ [Hearing of October 9, 2026; case title to be confirmed].
The matter was heard by a Bench headed by Chief Justice of India Surya Kant.
The submission
Shobha Gupta objected to courts labelling such acts as mere ‘preparation’ in their orders, arguing that the term fails to reflect the gravity of what is alleged. She pointed the Court to four judgments, from the Jharkhand High Court and other courts, in which the expression had been used.
The allegations in the underlying cases are untested, and nothing in this hearing amounts to a finding on the merits of any individual case. The identities of the complainants in such matters are protected by law and are not disclosed here.
The Chief Justice’s remark
Responding to the submission, CJI Surya Kant said that the line the Allahabad High Court had used was ‘very shocking’. The Court has not, on the information available, recorded a final view on the legal question in the course of this exchange.
The backdrop
The exchange comes after the Supreme Court earlier set aside an Allahabad High Court ruling on whether certain acts against a minor amounted to an attempt to rape, and directed the preparation of guidelines on sensitivity in the judicial handling of sexual offence cases. The Court has also taken suo motu cognisance of a Patna High Court verdict on a similar question.
Why the hearing matters
The distinction between ‘preparation’ and ‘attempt’ is central to how sexual offences short of penetration are charged and tried. Ms Gupta’s submission puts before the Court the question of the language trial and High Courts use when they draw that line, and how that language is received by those who bring such complaints.
The Court’s remark signals continuing concern about the wording of such orders, though no direction on the point was available at the time of writing and the Court has expressed no view on the merits of any case.
Hearing: Supreme Court of India, October 9, 2026
Bench: Chief Justice of India Surya Kant (other members of the Bench not confirmed)
Appearance: Senior Advocate Shobha Gupta
Case title and number: not confirmed from the sources available