Supreme Court Stays Allahabad HC Ruling on Attempt to Rape
(Source – Indian Express, Section – Explained, Page – 18)
| Topic: GS2 – Polity |
| Context |
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Analysis of the news:
Supreme Court Stays Allahabad HC Ruling on Attempt to Rape
- The Supreme Court (SC) has stayed an Allahabad High Court (HC) judgment that dismissed attempted rape charges against three accused, reducing their offense to a lesser charge under Section 354B of the IPC.
- The SC criticized the ruling for its lack of sensitivity, highlighting concerns over the interpretation of “preparation” versus “attempt” in criminal law.
Distinction Between ‘Preparation’ and ‘Attempt’
The legal debate hinges on whether the accused merely prepared to commit rape or had taken concrete steps toward committing the offense. According to established SC precedents, an attempt requires:
- Intent to commit the crime.
- Preparation to commit the crime.
- A proximate act beyond mere preparation, moving toward actual commission.
The Allahabad HC ruled that the accused had not crossed the threshold of preparation, citing old English legal precedents. However, the SC noted that such interpretations need a more sensitive and updated approach.
Judicial Standards and Past Rulings
- Indian courts have historically relied on outdated standards, including an 1836 English judgment requiring clear resistance from the victim to establish attempted rape.
- The Rajasthan HC (2024) and SC (2004) have previously reduced attempted rape charges based on this reasoning, raising concerns over the adequacy of legal protections for victims.
Conclusion
- By taking suo motu cognizance, the SC now has a chance to redefine the legal threshold for attempted rape in India.
- This case could set a precedent for ensuring that courts adopt a more survivor-centric and legally robust approach in sexual assault cases.
| Practice Question: Critically analyze the judicial interpretation of “attempt” in sexual assault cases in India. How can the legal framework be reformed to ensure a more victim-centric approach? (150 Words /10 marks) |
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