New Delhi, February 10 The Supreme Court on Tuesday considered guidelines for high courts and trial courts when making observations in cases of sexual assault, and said it would consider asking the National Judicial Academy (NJA) to prepare a comprehensive report on the matter.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and N V Anjaria orally stated that it would set aside the Allahabad High Court's order of March 17, 2025, in a sexual assault case.
In that order, the high court held that "merely" grabbing the breasts of a minor girl, breaking the drawstring of her trousers, and attempting to pull down her lower garment were insufficient to infer an attempt to commit rape.
The apex court had earlier initiated a suo motu proceeding after taking cognizance of the remarks made by the high court.
Observing that insensitive judicial remarks in cases of sexual assault can have a "chilling effect" on victims, their families, and society at large, the top court had in December said it may consider issuing comprehensive guidelines for high courts and trial courts in making observations and issuing such orders in these cases.
During the hearing on Tuesday, the bench said that as far as guidelines are concerned, it would ask the NJA to prepare a comprehensive report.
"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," the CJI said.
One of the advocates appearing in the matter said they have filed an application raising an issue that age-appropriate language should be used by the courts in such cases.
"So far as the guidelines are concerned, we are thinking that we will ask the National Judicial Academy. Let them prepare a comprehensive report," the bench said, adding that it has to be a pan-India exercise.
Senior advocate H S Phoolka, appearing for one of the petitioners in the matter, said that cases where even the victims have not been cross-examined are pending for eight to nine years.
The bench said he may file a PIL on the issue.
"You do it for the system and the society," the CJI said.
The bench said it would pass an order in the matter.
In March last year, the top court stayed the Allahabad High Court's observations, saying they depicted a "totally insensitive and inhuman approach".
The top court had taken a suo motu cognisance after the matter was brought to the notice of the then CJI by a forum, "We the Women of India".
The main case pertains to an incident where three men allegedly stopped a woman and her 14-year-old daughter.
The accused allegedly grabbed the minor's breasts, pulled the drawstring of her lower garment, and attempted to drag her beneath a culvert.
The high court, in its impugned order, had concluded that these facts were "not sufficient to draw an inference that the accused persons were determined to commit rape" and suggested lesser charges of assault (Section 354 IPC).
