Supreme Court of India: untying a woman’s belt amounts to attempt to rape, not just obscene act; HC verdict overturned

New Delhi (The Uttam Hindu): The Supreme Court has overturned a controversial March 2025 Allahabad High Court order that downplayed the accused's actions, dismissing them as less serious and not an attempted rape. The Supreme Court clarified that undoing the pyjama belt and attempting to disrobe a woman or minor does not constitute mere lewdness or molestation, but rather constitutes attempted rape.

This case is from Uttar Pradesh. The accused allegedly molested a minor girl, broke her pajama string, and attempted to drag her under a culvert. However, the accused fled after passersby intervened.

The trial court had framed stringent charges against the accused under Section 376 (rape) of the Indian Penal Code and relevant sections of the POCSO Act. However, in March 2025, the Allahabad High Court ruled that the offence was merely a preparation for a crime, a less serious offense than outraging the modesty of a woman or molestation. This decision sparked widespread outrage.

The Supreme Court of India heard the case suo motu following a letter from senior advocate Shobha Gupta, founder of the NGO "We the Women." A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice NV Anjaria set aside the High Court order in its entirety.

Chief Justice Surya Kant stated that treating such acts as less serious crimes is contrary to the spirit of justice. Untying the pyjama belt and attempting to remove clothing directly amounts to attempted rape. He stated that no court can deliver complete justice unless it considers the facts of the case and the victim's vulnerable situation. Judicial decisions require not only legal principles but also compassion and empathy.

The Supreme Court reinstated the original and stringent charge of attempted rape under the POCSO Act against the accused. Furthermore, in a significant future initiative, the Court directed Aniruddha Bose, Director of the National Judicial Academy and former judge, to constitute an expert committee to develop simple, language-based guidelines for judges to exercise sensitivity and compassion when hearing sexual offenses and sensitive cases.