Prayagraj, India – March 20, 2025
The Allahabad High Court recently ruled that grabbing a minor’s breasts and breaking the string of her pyjama does not constitute an attempt to rape under the Indian Penal Code (IPC). Instead, the court stated that these actions fall under ‘aggravated sexual assault’ as per the Protection of Children from Sexual Offences (POCSO) Act.
The case involved two accused, Pawan and Akash, who allegedly assaulted an 11-year-old girl in Kasganj, Uttar Pradesh, in 2021. According to court records, the accused offered the victim a ride, during which they forcibly touched her and attempted to drag her under a culvert. Their actions were interrupted by passersby, leading them to flee the scene.
Initially, the trial court framed charges under Section 376 IPC (rape) and Section 18 of the POCSO Act (attempt to commit an offense). However, upon appeal, the High Court modified the charges, directing that the accused be tried under Section 354-B IPC (assault or criminal force with intent to disrobe) and Sections 9/10 of the POCSO Act, which deal with aggravated sexual assault.
The court clarified that for an act to be classified as an attempt to rape, it must go beyond mere preparation and demonstrate a direct move toward committing the offense. The ruling emphasized that intent and execution must be clearly established.
This judgment has sparked widespread debate, with legal experts and activists raising concerns about its implications. Many argue that such rulings could impact future sexual assault cases and weaken legal safeguards for minors. Child rights advocates stress the need for stricter legal interpretations to ensure justice for survivors.
The verdict highlights ongoing discussions about the adequacy of sexual offense laws in India and the importance of a victim-centric approach in the judicial system. The prosecution is reportedly considering an appeal to challenge the decision and seek more stringent charges against the accused.
