In a ruling that’s sparking serious debate and discussion, the Calcutta High Court has drawn a clear line between what legally counts as “attempt to rape” and what falls under “sexual assault.” The case in question involved a man accused of trying to touch a minor girl’s breasts — and while undeniably disturbing, the court said this action doesn’t legally amount to an attempt to rape.
What the Court Actually Said
According to the bench, for an act to qualify as an “attempt to rape,” there must be evidence of an intention to actually commit the act of rape, not just inappropriate or indecent behavior. In this case, the court ruled that the accused’s actions, while serious, fit under the category of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act — not under the more severe charge of attempted rape.
Understandably, Emotions Are Running High
This legal distinction is making waves online and in public discourse, especially with growing concerns around child safety and justice. Critics argue that such rulings might appear to downplay the seriousness of the crime, even if the legal reasoning is technically sound.
But legal experts point out that definitions in law matter — not just for justice to be served, but to ensure that charges are applied correctly and don’t get overturned on technical grounds during appeals.
The Bigger Picture
This isn’t about reducing the seriousness of the offense — sexual assault is still a grave charge, with serious penalties. But the court’s role is to go strictly by the letter of the law, even when emotions run high. And this case has reopened discussions around how India’s legal system handles crimes against minors, and whether the definitions in the law need an update to match today’s realities.
