Comments Can Have Chilling Effect on Victims: Apex Court To Issue Guidelines Against Insensitive Judicial Remarks In Sexual Assault Cases

The Supreme Court, today, has observed that the disturbing judicial observations made in sexual harassment and assault cases by the High Courts may have a chilling effect on the victim, and certain guidelines may be issued to curb these comments.

The bench was hearing a matter in which it took suo motu cognizance of an order passed by the Allahabad High Court dated March 17, 2025, where it held that merely grabbing the breasts of a minor and pulling the string of her pyjama to “bring down” her lower garment are not sufficient facts, by itself, to establish an intention on the part of the accused to commit rape.

The Bench of Chief Justice Surya Kant and Justice Joymalya Bagchi ordered, "Meanwhile, so that no prejudice is caused to victim, operation of the order of the High Court order is stayed...If the trial court summons the accused, it will summon the accused under Sections 376 and 511 of the IPC and under the provisions of the POCSO Act. The trial court shall proceed on the basis that we have not expressed any final opinion."

Senior Advocate Shobha Gupta, who appeared as amicus curiae, directed the Court's attention to a concerning pattern of disturbing judicial observations made in sexual harassment and assault cases across several High Courts, including Allahabad, Calcutta, and Rajasthan. Specifically, she flagged an Allahabad High Court remark that appeared to suggest an incident occurring at night was an "invitation," alongside similar problematic comments from other courts.

Furthermore, Gupta highlighted the serious and recent issue of a minor victim allegedly being harassed even within the secure and confidential environment of an in-camera trial, underscoring the urgent need for judicial sensitivity training and procedural safeguards.

Chief Justice remarked, "If you can cite all these instances, we can issue a set of guidelines...any observations..These comments can have chilling effect on victims. Also at times, such modalities are also adopted to make them withdraw the complaint."

Senior Advocate H.S. Phoolka informed the court that the accused individuals are already aware of the case and have been attending the trial court proceedings. Therefore, he requested that the SHO (Station House Officer) be directed to formally convey information about the current proceedings to the accused, giving them the option to join on the next scheduled date.

Phoolka further stipulated that the matter should not be postponed to the next date simply for the purpose of ensuring service or informing the accused, as they are already substantially aware of the case.

The bench also directed the SHO to formally communicate the details of the next hearing to the concerned parties. The court explicitly clarified that this matter will not be postponed again for reasons related to confirming service or notification, thereby setting a firm deadline for the proceedings to move forward.

The Supreme Court had stayed controversial observations made by the Allahabad High Court, which had ruled that acts of grabbing a child victim's breasts, breaking the string of her pyjama, and attempting to drag her beneath a culvert do not constitute the offence of rape or attempt to rape. The Apex Court found the High Court's Order totally insensitive and termed it an "inhumane approach."

Previously, on April 15, 2025, the Supreme Court adjourned the matter over the Allahabad High Court’s controversial observations, listing it after four weeks as service is awaited. While adjourning the matter, the bench remarked, "There is now another order passed by another judge from the same High Court…". The Bench added, "Grant bail if they have to, but what are these observations that 'she invited trouble for herself'… and all that?"

Accordingly, the matter is now listed for further hearing.

Cause Title: In Re: Order Dated 17.03.2025 Passed By The High Court Of Judicature At Allahabad In Criminal Revision No. 1449/2024 And Ancillary Issues [SMW(Crl.) No. 1/2025]