The Supreme Court of India has issued a significant directive mandating the publication of a report designed to foster judicial sensitivity in the handling of sexual offence cases. This report is to be made available on the websites of the Supreme Court and all High Courts across the nation. The directive was pronounced by a bench comprising Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V Mohana.
The bench underscored the imperative for all judicial bodies to adhere to the guidelines outlined in the report when adjudicating cases involving sexual offences. “It is directed that all courts shall follow the expressions contained in the handbook. States are to issue instructions to all police stations to follow the handbook when registering FIRs and filing charge sheets,” stated the Court.
This initiative arose from a suo motu case taken up by the Supreme Court following controversy over an Allahabad High Court ruling concerning a case under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). In March 2025, the High Court ruled that the act of pulling a minor girl’s pyjama string and grabbing her breasts did not constitute an attempt to rape, downgrading the charges to intent to disrobe under Section 354-B of the Indian Penal Code and aggravated sexual assault. The Supreme Court intervened, staying the High Court’s decision on March 26, 2025, and later set aside the judgment in February 2026, while keeping the case open to address broader issues of judicial insensitivity.
Further, the Court tasked the National Judicial Academy (NJA) in Bhopal to form a committee of experts to develop guidelines aimed at infusing sensitivity and compassion into judicial processes concerning sexual offences and cases involving vulnerable individuals. The report prepared by this committee has now been approved for broad dissemination to aid judges nationwide.
CJI Surya Kant lauded the committee’s dedication and thorough work in compiling the report. Despite this progress, Senior Advocate Shobha Gupta raised concerns over persistent instances of judicial insensitivity, citing a specific order from July 9. Justice Mohana inquired whether previous Supreme Court judgments were referenced in such cases, emphasizing the importance of judicial diligence in reviewing pertinent legal precedents. CJI Kant highlighted the responsibility of judges to remain informed about Supreme Court rulings relevant to sexual offence cases.
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This directive aims to standardize the judicial approach to sexual offences, ensuring that all cases are handled with the requisite sensitivity and awareness, thus advancing the cause of justice for victims of sexual crimes.
