Sometimes skin to skin, sometimes removing salwar is not an attempt to rape… Why is the judiciary getting entangled?

Court decisions in cases involving sexual crimes against women and children often become the subject of national debate. Many times, questions are raised on the legal interpretation of the court in a case and the discussion begins as to what is the limit of the law.

After any wrongdoing, people approach the judiciary, but the decisions of this judiciary sometimes become the cause of controversy. These days, a similar debate is going on regarding the decision of Patna High Court in a case of 2008 in Bihar. On the basis of available evidence, the court said that the woman’s attempt to remove her salwar and the incident of pressing her chest cannot be considered as ‘Attempt to Rape’ in this case.

When will it be considered attempt to rape?

Now amid this decision, the question arises that when will it be considered as attempted rape? Is trying to remove a woman’s clothes, forcing herself on her body or initiating sexual violence also not amount to ‘attempt to rape’? This question has once again arisen before the country. However, this is not the first time that a court’s decision regarding rape or attempted rape has sparked debate across the country. In the last few years, many such decisions have come out, which have raised the question, what is the legal limit of ‘attempted rape’?

Decisions of courts in repeated disputes?

In the year 2021, the ‘skin to skin’ comment shocked the entire country. In 2025, Allahabad High Court said in the case of a minor girl that holding the breast and breaking the string of pajama is not an attempt to rape in itself. Later, the Supreme Court overturned this decision and said that prima facie such allegations point not just to preparation but to an attempt to rape. Now the decision of Patna High Court has once again revived the same debate whether different courts are looking at similar cases from a different perspective?

Talking about the current case, the recent decision of Patna High Court has come, in which the court said that trying to remove the salwar of a woman and pressing her chest is a condemnable act, but on the basis of available facts, it cannot be considered as ‘attempt to rape’. The court considered it a case of outraging modesty of the woman. The matter has also reached the Supreme Court, where questions have been raised on this order.

Understand this whole controversy-

1. Patna High Court’s decision has again sparked debate, because the court did not consider ‘attempt to remove salwar’ as Attempt to Rape.
2. A similar decision of the Allahabad High Court has been overturned by the Supreme Court, where the Supreme Court had said that it would not be right to consider the matter merely as ‘preparation’.
3. The Supreme Court has already made it clear that in deciding whether to attempt rape, both the intentions of the accused and his direct actions are considered.

What is the case of Patna High Court?

This case is related to a photo studio in Bihar in the year 2008. Actually, the girl had gone to a photo studio in Banka with her father. It is alleged that after taking the photo, the studio owner sent the father out and closed the door from inside. After this he pressed the girl’s chest and tried to take off her salwar. When the girl’s father arrived when she screamed, the accused fled from the spot. The trial court found her guilty considering it an attempt to rape. But, the High Court said that the evidence on record does not prove the necessary legal elements of attempted rape. Therefore, while canceling the sentence of Attempt to Rape, the court considered it a crime of violating the modesty of a woman.

There was a controversial decision in the year 2004 also

The Supreme Court in Aman Kumar v. In the State of Haryana (2004) case, it was clarified that there is a big difference between an attempt to rape and mere preparation. In this case, a young man was accused of attempting to rape a woman. The court said that an accused can be considered guilty of attempted rape only when his intention is accompanied by a direct act which clearly proves that he had moved towards committing rape. Mere molestation, obscene acts or preparation cannot be considered as attempt to rape in every case. Each case will be decided on the basis of its facts and circumstances.

‘Sexual assault or molestation is not an attempt to rape’

The Supreme Court in Koppula Venkat Rao v. State of Andhra Pradesh (2004) said that the mere intention of the accused is not sufficient to prove attempt to rape. It must also be shown that she took direct steps to commit the crime which go beyond mere preparation and lead directly to rape. The court clarified that every sexual assault or molestation will not amount to attempt to rape. To decide this, it is necessary to carefully evaluate the circumstances of the incident, the behavior of the accused and the available evidence.

Why was there an uproar over the decision of Allahabad High Court?

This case is from Kasganj district of Uttar Pradesh. The allegation was that a person caught hold of an 11-year-old girl who had gone to the fields to collect fodder, pressed her breasts, pulled her pajama and tried to open the string. When the girl raised an alarm, the accused ran away from the spot. The trial court had convicted the accused of attempted rape. But, in March 2025, the Allahabad High Court said that these acts were prima facie not an attempt to rape, but serious sexual assault under POCSO. In February 2026, the Supreme Court overturned this decision and said that this would be considered a direct attempt to rape.

Why did the ‘Skin to Skin’ decision become a national controversy?

This case was related to a 12-year-old child from Maharashtra. The allegation was that accused Satish Ragde called the child home on some pretext, pressed her breasts over her clothes and tried to open the zip of her pants. The trial court had convicted him of sexual harassment under the POCSO Act. But, in January 2021, the Nagpur Bench of the Bombay High Court said that touching over clothes did not constitute ‘skin-to-skin contact’, hence it is not sexual harassment under POCSO, but an offense under Section 354 of the IPC. This decision was criticized across the country. Later the Supreme Court canceled it and ruled in favor of the minor girl. The court said that skin-to-skin contact matters, but what is most important is the ‘intention of the offender’.

What does the Supreme Court say in such cases?

The Supreme Court has made it clear in many of its decisions that merely looking at the intention of the accused is not enough to determine attempt to rape. The court also looks at whether the accused took any direct step towards committing the crime which goes beyond mere preparation. The apex court has also said that every molestation, sexual assault or obscene act will not in itself be called an attempt to rape. Every case is decided on the basis of its facts, circumstances and available evidence.

What is the definition of attempted rape?

According to the Supreme Court, an accused will be considered guilty of attempt to rape only if he has a clear intention to commit rape and has also taken direct steps towards committing it. Mere molestation, obscene acts or sexual assault does not constitute attempted rape in every case. The court takes a decision in every case after looking at the complete circumstances of the incident, the actions of the accused, his intentions and the available evidence. That is, it is not certain that there will be the same decision in every similar incident; Every case is examined on its own facts.

Difference in punishment for rape and attempted rape

Earlier, in case of rape crime, section 376 of IPC was imposed, but now punishment is given under section 64 of BNS. In normal cases, the culprit can be imprisoned for at least 10 years, which the court can extend up to life imprisonment according to the circumstances. Along with this, fine can also be imposed. In cases of minor, gang rape or other serious cases, the law provides for more stringent punishment.

In the case of attempt to rape, earlier in IPC, Section 511 was imposed along with Section 376 in such cases, whereas now in BNS, Section 62 (Attempt) along with Section 64 is imposed. Punishment for attempted rape depends on the evidence and circumstances of each case. There is no fixed minimum punishment for this in the law. The court decides the punishment considering the intentions of the accused, his actions and the available evidence. If attempted rape is proved, the accused may be punished with imprisonment for several years and fine.