The Supreme Court of India has initiated suo motu proceedings concerning a recent decision by the Patna High Court, which concluded that actions such as removing a woman’s salwar and pressing her chest do not constitute an attempt to rape. This pivotal move by the apex court was announced on Wednesday and is formally cited as In Re: Order dated 09.07.2026 passed by the High Court of Judicature at Patna in Criminal Appeal (SJ) No. 775/2013 and Ancillary Issues.
The bench, composed of Chief Justice of India (CJI) Surya Kant alongside Justices Joymalya Bagchi and V Mohana, expressed concerns over what they termed as “offending observations” within the High Court’s ruling. The Supreme Court emphasized its intention to address these remarks but noted that it would only do so after providing the accused, Himanshu Pathak, with an opportunity to respond. The court instructed, “There are some offending observations in the judgment. We will be able to set aside these only after hearing the accused. Issue notice to Himanshu Pathak. We request Advocate General SD Sanjay for the State of Bihar to effect service on the contesting respondent through the local police. Post this matter for further consideration.”
The decision from Patna High Court, delivered on July 9, overturned the conviction of Himanshu Pathak for attempted rape, a charge stemming from a 2008 incident. According to the prosecution, Pathak had confined a woman inside his photography studio, attempted to remove her salwar, and pressed her chest. Despite these allegations, the trial court had initially convicted Pathak of attempted rape and wrongful confinement.
In contrast, Justice Purnendu Singh of the Patna High Court held that the actions described, even if proven, would more appropriately amount to outraging the woman’s modesty under Section 354 of the Indian Penal Code, rather than constituting an attempt to rape. The judgment stated, “I find that the appellant used criminal force against the victim by confining her inside the studio, closing the door, attempting to remove her salwar, and physically molesting her by pressing her chest. These acts clearly establish the use of criminal force upon a woman with the intention, or at least the knowledge, that such acts were likely to outrage her modesty.”
The Supreme Court’s decision to take suo motu cognisance marks a significant step in reviewing and potentially redefining the legal interpretations surrounding the attempt to rape and the parameters of outraging modesty.
