In a significant ruling, the Supreme Court has held that pulling down a minor’s pyjamas during an assault amounts to attempted sexual assault under the Protection of Children from Sexual Offences (POCSO) Act, overturning an earlier Allahabad High Court judgment that had treated such acts as mere preparation.
The apex court took suo motu cognisance of the matter after a letter written by senior advocate Shobha Gupta criticised the High Court’s March 2025 verdict, which had reduced the sentence of an accused by ruling that inappropriate touching and pulling down clothing did not constitute attempted rape.
A Bench comprising Chief Justice Surya Kant and Justices J.B. Pardiwala and Manoj Misra heard the case. During the proceedings, the Chief Justice observed that judicial decisions must reflect not only legal interpretation but also sensitivity, compassion and a victim-centric approach.
Setting aside the High Court order, the Supreme Court directed that stringent provisions relating to attempted sexual assault under the POCSO Act be applied.
The court also instructed the Director of the National Judicial Academy to constitute an expert committee to frame guidelines aimed at ensuring greater sensitivity among judges while dealing with sexual offence cases.
