Supreme Court orders upload of report on judicial sensitivity in sexual offence cases on SC, High Court websites

The Supreme Court on Tuesday ordered the upload of a report with guidelines to ensure judicial sensitivity while dealing with cases involving sexual offences on the websites of all High Courts as well as that of the top court.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana issued the directive.

The Bench added that all courts and other relevant authorities are expected to abide by the report's guidelines while dealing with sexual offence cases.

"It is directed that all courts shall follow the expressions contained in the handbook. States to issue instructions to all police stations to follow handbook while registering FIR and filing chargesheet," the Court said.

The report was prepared as part of a suo motu case initiated by the top court after controversy erupted over the Allahabad High Court's ruling in a pending case registered under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

By a March 2025 order, the High Court had held that pulling a minor girl's pyjama string and grabbing her breasts did not amount to an attempt to rape. The High Court had downgraded the charges to the lesser offence of intent to disrobe (Section 354-B, IPC) and aggravated sexual assault.

The Supreme Court later took suo motu cognisance of the order and stayed it on March 26, 2025.

In February this year, the Supreme Court set aside the High Court judgment. However, it kept the case pending to tackle wider concerns about judicial insensitivity in such cases.

Among other key directives, the Court requested the National Judicial Academy (NJA) at Bhopal to constitute a committee of experts to prepare a report on "Developing Guidelines to Inculcate Sensitivity and Compassion into Judges and Judicial Processes in the Context of Sexual Offences and other Vulnerable Cases."

The report so prepared was then placed before the Court, which has now directed its wide circulation for the benefit of judges across India.

To this end, the report has been ordered to be uploaded across the official websites of the Supreme Court and all High Courts.

CJI Kant also commended the committee which compiled the report for their remarkable efforts.

Meanwhile, Senior Advocate Shobha Gupta flagged concerns that some judicial orders still reflected an insensitive approach.

"This is happening every now and then. See this July 9 order by the High Court," she said.

"Was our (February) judgment cited?" asked Justice Mohana.

"There is a duty cast on the judge also to do research (to read up on the Supreme Court's rulings on such issues). Staff is doing nothing," weighed in CJI Kant.

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