Overview
- A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi stayed the March 17 Allahabad High Court order and instructed that the case proceed on charges under Section 376 of the IPC and relevant POCSO provisions.
- The court cautioned that insensitive judicial remarks have a chilling effect on survivors and signalled comprehensive guidelines, asking lawyers to submit brief written suggestions before the next hearing in January 2026.
- To prevent delay, the bench directed the local SHO to notify the accused of the proceedings and made clear the matter will not be adjourned further for service issues.
- The High Court had earlier downgraded the case to Section 354B IPC after holding that grabbing a minor’s breasts and attempting to pull down her lower garment did not show determination to commit rape.
- Senior advocates and intervenors cited similar problematic observations in other courts and flagged a reported breach of in‑camera protocol during a trial, prompting the Supreme Court to consider broader directions.