Full Judgment Text
REPORTABLE
2026 INSC 165
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL/APPELLATE JURISDICTION
Suo Moto Writ Petition (Criminal) No. 1 / 2025
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
with
Criminal Appeal No. of 2026
(Arising out of Special Leave Petition (Criminal) No. of 2026)
(Diary No. 15692/2025)
with
Criminal Appeal No. of 2026
(Arising out of Special Leave Petition (Criminal) No. of 2026)
(Diary No. 21813/2025)
JUDGMENT
SURYA KANT, J.
Permission to file Special Leave Petitions in Diary No. 15692/2025
Signature Not Verified
and Diary No. 21813/2025 is granted.
Digitally signed by
ARJUN BISHT
Date: 2026.02.17
19:30:00 IST
Reason:
2. Application for intervention is allowed.
Page 1 of 15
3. Leave granted.
4. The instant suo motu writ petition was registered in accordance with
the directions of Hon’ble the Chief Justice of India, prompted by a letter
dated 20.03.2025 received from an organisation named ‘We the Women
of India’, through its Founder President, Ms. Shobha Gupta, Senior
Advocate.
5. Vide the said letter, she brought our attention to a judgment dated
17.03.2025 passed by a Single Judge of the High Court of Judicature at
Allahabad (“ High Court ”) in Criminal Revision No. 1449/2024, whereby
the learned Single Judge has modified the order of summons dated
26.03.2023 issued by the Special Judge (POCSO), Kasganj to two
accused persons in Complaint Case No. 23/2022. While the Trial Court
had originally issued summons under Section 376 of the Indian Penal
Code, 1860 (“ IPC ”) read with Section 18 of the Protection of Children
from Sexual Offences Act, 2012 (“ POCSO Act ”), the High Court has
revised the same to be under a lesser charge under Section 354B of the
IPC read with Sections 9 and 10 of the POCSO Act. As per the High
prima
Court, this action was necessitated owing to its finding that a
facie view of the alleged facts did not make out a case for attempt to
commit rape.
6. Ms. Gupta, through the letter, urged that the observations made and
reasoning adopted by the High Court to reach the said conclusion are
erroneous in law, insensitive, irresponsible, and likely to demoralise all
Page 2 of 15
efforts towards protecting women and other vulnerable persons from
sexual offences.
7. Similar concerns have also been highlighted by the appellants in Diary
Nos. 15692 and 21813/2025, which assail the same judgment dated
17.03.2025 of the High Court. While Diary No. 21813/2025 has been
filed by an NGO registered in Kolkata, the petitioners in Diary No.
15692/2025 include an NGO registered in Delhi as well as the
complainant in Complaint Case No. 23/2022, who is the mother of the
minor victim.
8. Notice was issued to the Union of India, the State of Uttar Pradesh, and
the parties to the Criminal Revision before the High Court vide order
dated 26.03.2025. Simultaneously, the observations of the High Court
in paragraphs 21, 24, and 26 of the impugned order were stayed.
Subsequently, on 08.12.2025, this Court stayed the operation of the
entire judgment dated 17.03.2025, clarifying that the trial in Complaint
Case No.23/2022 shall proceed as if the summons had been issued
under Section 376 read with Section 511 of the IPC and Section 18 of
the POCSO Act.
9. We have heard Ms. Shobha Gupta, learned Senior Counsel, Mr. H.S.
Phoolka, learned Senior Counsel, representing the Delhi-based NGO
and the complainant-mother, and Mr. Sharan Dev Singh Thakur,
learned Senior Additional Advocate General for the State of Uttar
Pradesh. We have already recorded in our previous order dated
Page 3 of 15
08.12.2025 that the accused persons are fully aware of these
proceedings, and despite the service of notice, no one has entered
appearance on their behalf. Besides this, we have perused the various
documents placed on record by the parties, including the intervention-
applicant.
E MPUGNED UDGMENT DATED
A. R : I J 17.03.2025
10. The High Court’s decision in the impugned judgment hinges on whether
the accused persons have only ‘prepared’ to commit the offence of rape
or have moved beyond that to have ‘attempted’ to commit the said
crime. Notably, the High Court has concluded that the actions of the
accused persons were limited only to the former, thereby warranting a
modification in the charge on which the accused were summoned.
11. The meaning, scope, and comparative understanding of the concepts of
‘preparation’ and ‘attempt’ in criminal jurisprudence has been cogently
explained by a 2-judge bench of this Court, in a judgment authored by
one of us (Surya Kant, J., as he then was) in State of Madhya Pradesh
v. Mahendra alias Golu , reported in (2022) 12 SCC 442. It may be
pertinent, at this stage, to reproduce paragraph 13 thereof:
“ 13. There is a visible distinction between "preparation" and
"attempt" to commit an offence and it all depends on the
statutory edict coupled with the nature of evidence produced in
a case. The stage of "preparation" consists of deliberation,
devising or arranging the means or measures, which
would be necessary for the commission of the offence.
Page 4 of 15
Whereas, an "attempt" to commit the offence, starts
immediately after the completion of preparation.
"Attempt" is the execution of mens rea after preparation.
"Attempt" starts where "preparation" comes to an end, though it
falls short of actual commission of the crime. ”
[Emphasis supplied]
12. In the instant case, the High Court recorded the factual allegations
made against the accused persons in paragraphs 21 and 22 of its
judgment. It is stated that the accused persons took the minor victim
with them as a pillion rider on their motorcycle, after assuring her
mother (the complainant) that they would drop the victim at her
residence. The accused persons, instead, stopped the motorcycle near a
culvert, dragged her towards it, and committed sexually offensive acts,
which have been recorded in the said paragraphs of the impugned
judgment. However, due to the shrieks of the minor victim, two
witnesses reached the spot, causing the accused persons to flee from
the site.
13. A bare perusal of these allegations leaves no modicum of doubt that the
case sought to be made out is that the accused persons proceeded with
a pre-determined intent to commit an offence under Section 376 of the
IPC on her. In light of the overt averments recorded in the Criminal
Application filed by the complainant-mother under Section 156(3) of the
Code of Criminal Procedure, 1973, it becomes readily apparent that,
from the story of the complainant, the mens rea involved had begun to
be executed. This understanding is bolstered by the High Court’s own
Page 5 of 15
recording that the only reason why the crime was not furthered was the
above-mentioned intervention by third-party witnesses.
14. The facts alleged being so, we cannot agree with the finding of the High
Court that the allegations only amount to preparation, but not an
attempt, towards the commission of the offence of rape. The attempt
made by the accused persons appears clearly and inevitably leads us to
conclude that, prima facie , a case for invoking the provisions of attempt
to commit rape has been made out by the complainant and the
prosecution. The impugned judgment, thus, is liable to be set aside on
account of the patently erroneous application of the settled principles of
criminal jurisprudence.
15. Hence, the instant Criminal Appeals, arising out of Diary Nos. 15692
and 21813/2025, are allowed. The impugned judgment dated
17.03.2025 is set aside, and the original summons order dated
23.06.2023 passed by the Special Judge (POCSO), Kasganj is restored.
As a necessary consequence, the clarification provided in paragraph 5
of our interim order dated 08.12.2025 stands confirmed. Ordered
accordingly.
16. It goes without saying that the observations made by this Court
through this judgment are only from a prima facie perspective on the
case made by the complainant, and they shall not be taken to be any
opinion on the guilt of the accused persons, which is the subject matter
of the ongoing trial.
Page 6 of 15
E ROADER SSUE OF UIDELINES FOR NCULCATING ENSITIVITY AND
B. R : B I G I S
C OMPASSION INTO J UDICIAL A PPROACH
17. Ms. Gupta and Mr. Phoolka, learned Senior Counsel, have, apart from
pointing out the legal flaws in the impugned judgment, also urged this
Court to take cognisance of the insensitivity reflected in the impugned
judgment towards the plight of the minor girl, who is alleged to have
been the victim of sexual offences. They submit that there have been
various instances of impassive judicial decisions, across different levels
of the judiciary, where judges and judicial officers have failed to imbibe
compassion and empathy in the manner of handling matters involving
sexual offences, especially when it comes to vulnerable and/or minor
victims and witnesses. In this vein, the learned Senior Counsel/counsel
for the parties have pleaded that certain guidelines may be laid down by
this Court to prevent such issues from arising in the future.
18. We find some strength in the issues raised before us. The judicial
system, as a cohesive framework, is designed to deliver justice and
satisfaction to citizens who seek redressal of their grievances before it.
To meet such an objective, our efforts must not only be grounded in the
sound application of constitutional and legal principles but also foster
an environment of compassion and empathy. The absence of either of
these cornerstones would prevent judicial institutions from properly
performing their critical duties.
Page 7 of 15
19. No judge or judgment of any court can be expected to do complete
justice when it is inconsiderate towards the factual realities of a litigant
and the vulnerabilities which they may be facing in approaching a court
of law. Our decisions as participants in the legal process, from laying
down the procedure that shall have to be faced by common citizens to
the final judgment passed in any given case, must reflect the ethos of
compassion, humanity, and understanding, which are essential for
creating a fair and effective justice system.
20. There is no doubt that some action is required to be taken to inculcate
and nurture an inherent sensitivity and discernment into the approach
of members of the judiciary, as well as into the accompanying court
procedures. Various steps, in this direction, have also been taken by the
Constitutional Courts of this country, from time to time, on the judicial
as well as administrative side. It seems, however, that the efforts thus
far have not borne the fruit that was expected.
21. That being so, we are hesitant to undertake, at this stage, a fresh and
unguided attempt to lay down any guidelines, without the benefit of a
comprehensive understanding of the past endeavours of such nature
undertaken by the different Constitutional and statutory bodies, the
on-ground results of such efforts, and the varying scope of problems
faced by victims and complainants in similarly sensitive cases. An
attempt of this kind also should not be undertaken without the
valuable opinions and suggestions of different domain experts, which,
Page 8 of 15
in our judicial experience, does not intuitively emerge out of litigative
proceedings.
22. For this purpose, we request the National Judicial Academy, Bhopal,
through its Director, Justice Aniruddha Bose, former Judge of this
Court, to constitute a Committee of Experts. The Committee of Experts
shall be presided over by Justice Bose as Chairperson and shall
comprise four other domain experts as Members, which may include
practitioners, academicians, and social workers.
23. We request the Committee of Experts to prepare a comprehensive report
on the matter of ‘Developing Guidelines to Inculcate Sensitivity and
Compassion into Judges and Judicial Processes in the Context of
Sexual Offences and other Vulnerable Cases’. The Committee shall
consider the previous measures undertaken, whether on the judicial
side or the administrative side, to achieve such goals, as well as the
varying results seen on the ground through the implementation of such
measures. Further, after taking into account such previous endeavours
and the variety of on-ground experiences faced by different
stakeholders across the judicial system, prepare comprehensive
recommendations. These recommendations shall be in the form of
‘Draft Guidelines for the Approach of Judges and the Judicial System
When Dealing with Cases of Sexual Offences and other Similarly
Sensitive Occurrences Involving Vulnerable Victims, Complainants,
and/or Witnesses’.
Page 9 of 15
24. The Committee shall, while preparing the report, bear in mind the
linguistic diversity of our nation. There are various examples of
offensive words and expressions, the use of which would ordinarily
constitute an offence under our penal laws, but they are openly spoken
by members of our society in local dialects, ostensibly because of the
absence of a clear understanding of the offensive nature of such saying.
It shall be highly appreciated if the Committee, as a part of its report, is
able to identify and compile such words/expressions, from different
languages, so that they do not go unnoticed, and the
complainants/victims are empowered to give a better and fuller
narrative of the trauma undergone by them.
25. While doing so, the Committee of Experts must remind itself that the
primary beneficiaries of these Guidelines are the victims/complainants,
majority of whom are children, women of tender age, and members of
vulnerable sections of society. As such, the Committee shall ensure that
the Draft Guidelines are devised in a manner so that they may be
understood and utilized easily by such persons, irrespective of their
background and means.
26. To this end, we recommend that the Committee of Experts prepare,
preferably the entire report, and in any case at least the draft
guidelines, in simple language comprehensible to laypersons, whose
interests the guidelines seek to protect. The guidelines, we expect, will
not be loaded with heavy, complicated expressions borne from foreign
Page 10 of 15
languages and jurisdictions. They must be contextualised in the real
and lived experience of the stakeholders in Indian judicial process, with
direct reference to the ethos , values, and social fabric of our country.
27. The Committee may even consider preparing translated versions of
certain public-facing sections of the guidelines. The objective is to fully
explain the various concepts to all readers, irrespective of linguistic and
legal proficiency.
28. We may also clarify that we, in no way, seek to restrict the Committee of
Experts on the aspect of the volume of the draft guidelines. When an
attempt is being made to explain and clarify the different concepts,
rights, procedures, and best practices to be followed, the Committee
must ensure that the report is comprehensive and exhaustive, including
appropriate and adequate explanations and illustrations wherever
necessary.
29. The Committee of Experts shall be at liberty to seek the assistance of
other experts on this matter, such as linguistics academicians,
prosecutors, litigators, social scientists, and counsellors, as it deems
necessary.
30. The Registry of this Court is directed to forward a copy of this order to
Justice Bose, and we request him to constitute the Committee of
Experts, preferably within a period of two weeks. Counsel for the
Page 11 of 15
parties are permitted to file written submissions, charts, lists, and
other documents, which may be of relevance to the Committee, with the
Registry of this Court within two weeks. These documents, along with a
complete set of the paperbooks of all these matters, shall be forwarded
to the Committee, thereafter, for its consideration.
31. The Chairperson and the Members of the Committee of Experts shall,
for their valuable time and efforts, be paid such honorarium as may be
determined by Justice Bose, for which necessary funds shall be
provided by the Supreme Court of India.
32. We request the Committee of Experts to complete its deliberations and
submit a report to this Court, preferably within three months.
33. Having passed these directions, we are of the considered opinion that
the suo motu writ petition regarding the order dated 17.03.2025, which
we have already set aside, need not be kept open. As and when the
Committee of Experts is able to furnish its report to this Court, the
same would be taken up in a holistic manner, not specifically in the
context of a single case. To that effect, the Registry is directed, upon
receipt of the report from the Committee of Experts, to place the same
before Hon’ble the Chief Justice of India on the administrative side for
appropriate instructions.
Page 12 of 15
34. Hence, in terms of the directions issued hereinabove, the instant suo
motu case stands disposed of. Pending interlocutory applications, if any,
also stand disposed of.
………………...................…….........CJI
(SURYA KANT)
........................................…….........J.
(JOYMALYA BAGCHI)
........................................…….........J.
(N. V. ANJARIA)
NEW DELHI;
FEBRUARY 10, 2026
Page 13 of 15
ITEM NO.22 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SUO MOTO WRIT PETITION (CRIMINAL) No(s).1/2025
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
IA No. 128724/2025 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 39171/2026
- APPLICATION FOR INTERVENTION, IA No.319363/2025 – EXEMPTION FROM
FILING OT.
WITH
Diary No(s).15692/2025 (II)
(IA No. 81037/2025 - - PERMISSION TO FILE PETITION (SLP/TP/WP/…), IA
No. 81038/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Diary No(s).21813/2025 (II)
(IA No. 129934/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 129933/2025 - PERMISSION TO FILE PETITION
(SLP/TP/WP/..)
Date : 10-02-2026 These matters were called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
HON'BLE MR. JUSTICE N.V. ANJARIA
For Petitioner(s) :Mr. Prashant Padmanabhan, AOR
Mr. H. S. Phoolka, Sr. Adv.
Mr. Bhuwan Ribhu, Adv.
Ms. Rachna Tyagi, Adv.
Ms. Shashi, AOR
Mr. Saksham Maheshwari, Adv.
Ms. Surabhi Katyal, Adv.
Ms. Surpreet Kaur, Adv.
Mr. Amar Lal, Adv.
By Courts Motion, AOR
For respondent(s) Mr. Sharan Dev Singh Thakur, Sr. A.A.G.
Ms. Ruchira Goel, AOR
Mr. Sharanya, Adv.
Ms. Ritika Rao, Adv.
Ms. Ayushi Srivastava, Adv.
Ms. Shobha Gupta, Sr. Adv.
Mr. Aditya Ranjan, AOR
Ms. Yogmaya MG, Adv.
Ms. Komal Saini, Adv.
Page 14 of 15
Ms. Siny Sara Varghese, Adv.
Mr. Rohin Bhatt, Adv.
Mr. Sharan Dev Singh Thakur, Sr. A.A.G.
Ms. Ruchira Goel, AOR
Mr. Sharanya, Adv.
Ms. Ritika Rao, Adv.
Ms. Ayushi Srivastava, Adv.
Mr. Pritam Singh, Adv.
Mr. Umesh Kumar Shukla, Adv.
Ms. Parvathi Menon, Adv.
Mr. Sangeeth Mohan, Adv.
Mr. Rahul Gupta, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Permission to file Special Leave Petitions in Diary
No.15692/2025 and Diary No.21813/2025 is granted.
2. Application for intervention is allowed.
3. Leave granted.
4. The Criminal Appeals are allowed and the Suo Motu Writ
Petition is disposed of in terms of the signed reportable judgment.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(signed reportable judgment is placed on the file)
Page 15 of 15
2026 INSC 165
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL/APPELLATE JURISDICTION
Suo Moto Writ Petition (Criminal) No. 1 / 2025
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
with
Criminal Appeal No. of 2026
(Arising out of Special Leave Petition (Criminal) No. of 2026)
(Diary No. 15692/2025)
with
Criminal Appeal No. of 2026
(Arising out of Special Leave Petition (Criminal) No. of 2026)
(Diary No. 21813/2025)
JUDGMENT
SURYA KANT, J.
Permission to file Special Leave Petitions in Diary No. 15692/2025
Signature Not Verified
and Diary No. 21813/2025 is granted.
Digitally signed by
ARJUN BISHT
Date: 2026.02.17
19:30:00 IST
Reason:
2. Application for intervention is allowed.
Page 1 of 15
3. Leave granted.
4. The instant suo motu writ petition was registered in accordance with
the directions of Hon’ble the Chief Justice of India, prompted by a letter
dated 20.03.2025 received from an organisation named ‘We the Women
of India’, through its Founder President, Ms. Shobha Gupta, Senior
Advocate.
5. Vide the said letter, she brought our attention to a judgment dated
17.03.2025 passed by a Single Judge of the High Court of Judicature at
Allahabad (“ High Court ”) in Criminal Revision No. 1449/2024, whereby
the learned Single Judge has modified the order of summons dated
26.03.2023 issued by the Special Judge (POCSO), Kasganj to two
accused persons in Complaint Case No. 23/2022. While the Trial Court
had originally issued summons under Section 376 of the Indian Penal
Code, 1860 (“ IPC ”) read with Section 18 of the Protection of Children
from Sexual Offences Act, 2012 (“ POCSO Act ”), the High Court has
revised the same to be under a lesser charge under Section 354B of the
IPC read with Sections 9 and 10 of the POCSO Act. As per the High
prima
Court, this action was necessitated owing to its finding that a
facie view of the alleged facts did not make out a case for attempt to
commit rape.
6. Ms. Gupta, through the letter, urged that the observations made and
reasoning adopted by the High Court to reach the said conclusion are
erroneous in law, insensitive, irresponsible, and likely to demoralise all
Page 2 of 15
efforts towards protecting women and other vulnerable persons from
sexual offences.
7. Similar concerns have also been highlighted by the appellants in Diary
Nos. 15692 and 21813/2025, which assail the same judgment dated
17.03.2025 of the High Court. While Diary No. 21813/2025 has been
filed by an NGO registered in Kolkata, the petitioners in Diary No.
15692/2025 include an NGO registered in Delhi as well as the
complainant in Complaint Case No. 23/2022, who is the mother of the
minor victim.
8. Notice was issued to the Union of India, the State of Uttar Pradesh, and
the parties to the Criminal Revision before the High Court vide order
dated 26.03.2025. Simultaneously, the observations of the High Court
in paragraphs 21, 24, and 26 of the impugned order were stayed.
Subsequently, on 08.12.2025, this Court stayed the operation of the
entire judgment dated 17.03.2025, clarifying that the trial in Complaint
Case No.23/2022 shall proceed as if the summons had been issued
under Section 376 read with Section 511 of the IPC and Section 18 of
the POCSO Act.
9. We have heard Ms. Shobha Gupta, learned Senior Counsel, Mr. H.S.
Phoolka, learned Senior Counsel, representing the Delhi-based NGO
and the complainant-mother, and Mr. Sharan Dev Singh Thakur,
learned Senior Additional Advocate General for the State of Uttar
Pradesh. We have already recorded in our previous order dated
Page 3 of 15
08.12.2025 that the accused persons are fully aware of these
proceedings, and despite the service of notice, no one has entered
appearance on their behalf. Besides this, we have perused the various
documents placed on record by the parties, including the intervention-
applicant.
E MPUGNED UDGMENT DATED
A. R : I J 17.03.2025
10. The High Court’s decision in the impugned judgment hinges on whether
the accused persons have only ‘prepared’ to commit the offence of rape
or have moved beyond that to have ‘attempted’ to commit the said
crime. Notably, the High Court has concluded that the actions of the
accused persons were limited only to the former, thereby warranting a
modification in the charge on which the accused were summoned.
11. The meaning, scope, and comparative understanding of the concepts of
‘preparation’ and ‘attempt’ in criminal jurisprudence has been cogently
explained by a 2-judge bench of this Court, in a judgment authored by
one of us (Surya Kant, J., as he then was) in State of Madhya Pradesh
v. Mahendra alias Golu , reported in (2022) 12 SCC 442. It may be
pertinent, at this stage, to reproduce paragraph 13 thereof:
“ 13. There is a visible distinction between "preparation" and
"attempt" to commit an offence and it all depends on the
statutory edict coupled with the nature of evidence produced in
a case. The stage of "preparation" consists of deliberation,
devising or arranging the means or measures, which
would be necessary for the commission of the offence.
Page 4 of 15
Whereas, an "attempt" to commit the offence, starts
immediately after the completion of preparation.
"Attempt" is the execution of mens rea after preparation.
"Attempt" starts where "preparation" comes to an end, though it
falls short of actual commission of the crime. ”
[Emphasis supplied]
12. In the instant case, the High Court recorded the factual allegations
made against the accused persons in paragraphs 21 and 22 of its
judgment. It is stated that the accused persons took the minor victim
with them as a pillion rider on their motorcycle, after assuring her
mother (the complainant) that they would drop the victim at her
residence. The accused persons, instead, stopped the motorcycle near a
culvert, dragged her towards it, and committed sexually offensive acts,
which have been recorded in the said paragraphs of the impugned
judgment. However, due to the shrieks of the minor victim, two
witnesses reached the spot, causing the accused persons to flee from
the site.
13. A bare perusal of these allegations leaves no modicum of doubt that the
case sought to be made out is that the accused persons proceeded with
a pre-determined intent to commit an offence under Section 376 of the
IPC on her. In light of the overt averments recorded in the Criminal
Application filed by the complainant-mother under Section 156(3) of the
Code of Criminal Procedure, 1973, it becomes readily apparent that,
from the story of the complainant, the mens rea involved had begun to
be executed. This understanding is bolstered by the High Court’s own
Page 5 of 15
recording that the only reason why the crime was not furthered was the
above-mentioned intervention by third-party witnesses.
14. The facts alleged being so, we cannot agree with the finding of the High
Court that the allegations only amount to preparation, but not an
attempt, towards the commission of the offence of rape. The attempt
made by the accused persons appears clearly and inevitably leads us to
conclude that, prima facie , a case for invoking the provisions of attempt
to commit rape has been made out by the complainant and the
prosecution. The impugned judgment, thus, is liable to be set aside on
account of the patently erroneous application of the settled principles of
criminal jurisprudence.
15. Hence, the instant Criminal Appeals, arising out of Diary Nos. 15692
and 21813/2025, are allowed. The impugned judgment dated
17.03.2025 is set aside, and the original summons order dated
23.06.2023 passed by the Special Judge (POCSO), Kasganj is restored.
As a necessary consequence, the clarification provided in paragraph 5
of our interim order dated 08.12.2025 stands confirmed. Ordered
accordingly.
16. It goes without saying that the observations made by this Court
through this judgment are only from a prima facie perspective on the
case made by the complainant, and they shall not be taken to be any
opinion on the guilt of the accused persons, which is the subject matter
of the ongoing trial.
Page 6 of 15
E ROADER SSUE OF UIDELINES FOR NCULCATING ENSITIVITY AND
B. R : B I G I S
C OMPASSION INTO J UDICIAL A PPROACH
17. Ms. Gupta and Mr. Phoolka, learned Senior Counsel, have, apart from
pointing out the legal flaws in the impugned judgment, also urged this
Court to take cognisance of the insensitivity reflected in the impugned
judgment towards the plight of the minor girl, who is alleged to have
been the victim of sexual offences. They submit that there have been
various instances of impassive judicial decisions, across different levels
of the judiciary, where judges and judicial officers have failed to imbibe
compassion and empathy in the manner of handling matters involving
sexual offences, especially when it comes to vulnerable and/or minor
victims and witnesses. In this vein, the learned Senior Counsel/counsel
for the parties have pleaded that certain guidelines may be laid down by
this Court to prevent such issues from arising in the future.
18. We find some strength in the issues raised before us. The judicial
system, as a cohesive framework, is designed to deliver justice and
satisfaction to citizens who seek redressal of their grievances before it.
To meet such an objective, our efforts must not only be grounded in the
sound application of constitutional and legal principles but also foster
an environment of compassion and empathy. The absence of either of
these cornerstones would prevent judicial institutions from properly
performing their critical duties.
Page 7 of 15
19. No judge or judgment of any court can be expected to do complete
justice when it is inconsiderate towards the factual realities of a litigant
and the vulnerabilities which they may be facing in approaching a court
of law. Our decisions as participants in the legal process, from laying
down the procedure that shall have to be faced by common citizens to
the final judgment passed in any given case, must reflect the ethos of
compassion, humanity, and understanding, which are essential for
creating a fair and effective justice system.
20. There is no doubt that some action is required to be taken to inculcate
and nurture an inherent sensitivity and discernment into the approach
of members of the judiciary, as well as into the accompanying court
procedures. Various steps, in this direction, have also been taken by the
Constitutional Courts of this country, from time to time, on the judicial
as well as administrative side. It seems, however, that the efforts thus
far have not borne the fruit that was expected.
21. That being so, we are hesitant to undertake, at this stage, a fresh and
unguided attempt to lay down any guidelines, without the benefit of a
comprehensive understanding of the past endeavours of such nature
undertaken by the different Constitutional and statutory bodies, the
on-ground results of such efforts, and the varying scope of problems
faced by victims and complainants in similarly sensitive cases. An
attempt of this kind also should not be undertaken without the
valuable opinions and suggestions of different domain experts, which,
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in our judicial experience, does not intuitively emerge out of litigative
proceedings.
22. For this purpose, we request the National Judicial Academy, Bhopal,
through its Director, Justice Aniruddha Bose, former Judge of this
Court, to constitute a Committee of Experts. The Committee of Experts
shall be presided over by Justice Bose as Chairperson and shall
comprise four other domain experts as Members, which may include
practitioners, academicians, and social workers.
23. We request the Committee of Experts to prepare a comprehensive report
on the matter of ‘Developing Guidelines to Inculcate Sensitivity and
Compassion into Judges and Judicial Processes in the Context of
Sexual Offences and other Vulnerable Cases’. The Committee shall
consider the previous measures undertaken, whether on the judicial
side or the administrative side, to achieve such goals, as well as the
varying results seen on the ground through the implementation of such
measures. Further, after taking into account such previous endeavours
and the variety of on-ground experiences faced by different
stakeholders across the judicial system, prepare comprehensive
recommendations. These recommendations shall be in the form of
‘Draft Guidelines for the Approach of Judges and the Judicial System
When Dealing with Cases of Sexual Offences and other Similarly
Sensitive Occurrences Involving Vulnerable Victims, Complainants,
and/or Witnesses’.
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24. The Committee shall, while preparing the report, bear in mind the
linguistic diversity of our nation. There are various examples of
offensive words and expressions, the use of which would ordinarily
constitute an offence under our penal laws, but they are openly spoken
by members of our society in local dialects, ostensibly because of the
absence of a clear understanding of the offensive nature of such saying.
It shall be highly appreciated if the Committee, as a part of its report, is
able to identify and compile such words/expressions, from different
languages, so that they do not go unnoticed, and the
complainants/victims are empowered to give a better and fuller
narrative of the trauma undergone by them.
25. While doing so, the Committee of Experts must remind itself that the
primary beneficiaries of these Guidelines are the victims/complainants,
majority of whom are children, women of tender age, and members of
vulnerable sections of society. As such, the Committee shall ensure that
the Draft Guidelines are devised in a manner so that they may be
understood and utilized easily by such persons, irrespective of their
background and means.
26. To this end, we recommend that the Committee of Experts prepare,
preferably the entire report, and in any case at least the draft
guidelines, in simple language comprehensible to laypersons, whose
interests the guidelines seek to protect. The guidelines, we expect, will
not be loaded with heavy, complicated expressions borne from foreign
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languages and jurisdictions. They must be contextualised in the real
and lived experience of the stakeholders in Indian judicial process, with
direct reference to the ethos , values, and social fabric of our country.
27. The Committee may even consider preparing translated versions of
certain public-facing sections of the guidelines. The objective is to fully
explain the various concepts to all readers, irrespective of linguistic and
legal proficiency.
28. We may also clarify that we, in no way, seek to restrict the Committee of
Experts on the aspect of the volume of the draft guidelines. When an
attempt is being made to explain and clarify the different concepts,
rights, procedures, and best practices to be followed, the Committee
must ensure that the report is comprehensive and exhaustive, including
appropriate and adequate explanations and illustrations wherever
necessary.
29. The Committee of Experts shall be at liberty to seek the assistance of
other experts on this matter, such as linguistics academicians,
prosecutors, litigators, social scientists, and counsellors, as it deems
necessary.
30. The Registry of this Court is directed to forward a copy of this order to
Justice Bose, and we request him to constitute the Committee of
Experts, preferably within a period of two weeks. Counsel for the
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parties are permitted to file written submissions, charts, lists, and
other documents, which may be of relevance to the Committee, with the
Registry of this Court within two weeks. These documents, along with a
complete set of the paperbooks of all these matters, shall be forwarded
to the Committee, thereafter, for its consideration.
31. The Chairperson and the Members of the Committee of Experts shall,
for their valuable time and efforts, be paid such honorarium as may be
determined by Justice Bose, for which necessary funds shall be
provided by the Supreme Court of India.
32. We request the Committee of Experts to complete its deliberations and
submit a report to this Court, preferably within three months.
33. Having passed these directions, we are of the considered opinion that
the suo motu writ petition regarding the order dated 17.03.2025, which
we have already set aside, need not be kept open. As and when the
Committee of Experts is able to furnish its report to this Court, the
same would be taken up in a holistic manner, not specifically in the
context of a single case. To that effect, the Registry is directed, upon
receipt of the report from the Committee of Experts, to place the same
before Hon’ble the Chief Justice of India on the administrative side for
appropriate instructions.
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34. Hence, in terms of the directions issued hereinabove, the instant suo
motu case stands disposed of. Pending interlocutory applications, if any,
also stand disposed of.
………………...................…….........CJI
(SURYA KANT)
........................................…….........J.
(JOYMALYA BAGCHI)
........................................…….........J.
(N. V. ANJARIA)
NEW DELHI;
FEBRUARY 10, 2026
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ITEM NO.22 COURT NO.1 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SUO MOTO WRIT PETITION (CRIMINAL) No(s).1/2025
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
IA No. 128724/2025 - APPROPRIATE ORDERS/DIRECTIONS, IA No. 39171/2026
- APPLICATION FOR INTERVENTION, IA No.319363/2025 – EXEMPTION FROM
FILING OT.
WITH
Diary No(s).15692/2025 (II)
(IA No. 81037/2025 - - PERMISSION TO FILE PETITION (SLP/TP/WP/…), IA
No. 81038/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Diary No(s).21813/2025 (II)
(IA No. 129934/2025 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT, IA No. 129933/2025 - PERMISSION TO FILE PETITION
(SLP/TP/WP/..)
Date : 10-02-2026 These matters were called on for hearing today.
CORAM : HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE JOYMALYA BAGCHI
HON'BLE MR. JUSTICE N.V. ANJARIA
For Petitioner(s) :Mr. Prashant Padmanabhan, AOR
Mr. H. S. Phoolka, Sr. Adv.
Mr. Bhuwan Ribhu, Adv.
Ms. Rachna Tyagi, Adv.
Ms. Shashi, AOR
Mr. Saksham Maheshwari, Adv.
Ms. Surabhi Katyal, Adv.
Ms. Surpreet Kaur, Adv.
Mr. Amar Lal, Adv.
By Courts Motion, AOR
For respondent(s) Mr. Sharan Dev Singh Thakur, Sr. A.A.G.
Ms. Ruchira Goel, AOR
Mr. Sharanya, Adv.
Ms. Ritika Rao, Adv.
Ms. Ayushi Srivastava, Adv.
Ms. Shobha Gupta, Sr. Adv.
Mr. Aditya Ranjan, AOR
Ms. Yogmaya MG, Adv.
Ms. Komal Saini, Adv.
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Ms. Siny Sara Varghese, Adv.
Mr. Rohin Bhatt, Adv.
Mr. Sharan Dev Singh Thakur, Sr. A.A.G.
Ms. Ruchira Goel, AOR
Mr. Sharanya, Adv.
Ms. Ritika Rao, Adv.
Ms. Ayushi Srivastava, Adv.
Mr. Pritam Singh, Adv.
Mr. Umesh Kumar Shukla, Adv.
Ms. Parvathi Menon, Adv.
Mr. Sangeeth Mohan, Adv.
Mr. Rahul Gupta, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. Permission to file Special Leave Petitions in Diary
No.15692/2025 and Diary No.21813/2025 is granted.
2. Application for intervention is allowed.
3. Leave granted.
4. The Criminal Appeals are allowed and the Suo Motu Writ
Petition is disposed of in terms of the signed reportable judgment.
(ARJUN BISHT) (PREETHI T.C.)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(signed reportable judgment is placed on the file)
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