SC criticises Patna HC ruling that removing salwar does not constitute rape attempt

A Bench headed by Chief Justice of India (CJI) Surya Kant was hearing a suo motu case concerning the High Court ruling. File. | Photo Credit: PTI

The Supreme Court on Friday (October 9, 2026) took exception to a recent High Court judgment, which held that removing a woman’s salwar and pressing her chest did not amount to an attempt to rape. The court issued notice to the accused, who had been acquitted of the charges against him.

A Bench headed by Chief Justice of India (CJI) Surya Kant was hearing a suo motu case concerning the High Court ruling, which had held that removing a woman’s salwar and pressing her chest did “not unequivocally establish” an attempt to rape and could, “at best”, constitute assault or use of criminal force with intent to outrage a woman’s modesty under Section 354 of the Indian Penal Code (IPC).

“What line [the] Patna High Court used is something very shocking,” the Chief Justice remarked. The Bench, also comprising Justices Joymalya Bagchi and V. Mohana, issued notice to the accused, Himanshu Pathak, observing that the outcome of the proceedings could have a bearing on his rights.

‘Insensitive language'