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Supreme Court Stays Allahabad HC Order, Weighs Guidelines on Court Remarks in Sexual-Offence Cases

The bench moved to safeguard the survivor’s procedural position by pausing the downgrade of charges pending a detailed hearing in January.

Overview

  • Chief Justice Surya Kant and Justice Joymalya Bagchi stayed the March 17 Allahabad High Court ruling that had reduced the case to Section 354B IPC.
  • The trial court, if it proceeds, must treat the accused as summoned under Section 376 IPC and Section 18 of the POCSO Act, with no final view on guilt expressed.
  • The court indicated it may issue comprehensive, gender-sensitive directions after lawyers cited similar insensitive observations across different courts.
  • Counsel were asked to submit brief written suggestions, with the case listed for further consideration in January 2026.
  • The bench directed the local SHO to inform the accused about the proceedings and ruled out further adjournments related to service of notice.