The Supreme Court on Wednesday took suo motu cognisance of a Patna High Court ruling which held that removing a woman’s salwar and pressing her chest is not sufficient to establish the offence of attempt to rape. [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]

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana said the High Court judgment contained “offending observations”.

“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 AG 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 Court said.

The Patna High Court made the observations on July 9 while setting aside accused Himanshu Pathak’s conviction for attempt to rape in a 2008 case.

According to the prosecution, Pathak locked a woman inside his photography studio, tried to remove her salwar and pressed her chest.

A trial court convicted him of attempt to rape and wrongful confinement.

Justice Purnendu Singh of High Court held that even if the allegations were accepted, the acts amounted to outraging the woman’s modesty under Section 354 of the Indian Penal Code, rather than attempt to rape.

The High Court found no overt act that unequivocally established an attempt to commit rape.

“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 order stated.

The Supreme Court has now taken suo motu cognisance of the same.

[Read High Court Order]