Source: Supreme Court 

Why in News? 

A bench of Justice Hrishikesh Roy and Justice SVN Bhatti reiterated that for proving sexual assault bodily injuries are not necessary.                        

• The Supreme Court held this in the case of Dalip Kumar @ Dalli v. State of Uttaranchal (2025). 

What was the Background of Dalip Kumar @ Dalli v. State of Uttaranchal Case?  

• The prosecutrix (daughter of Jawahari Lal, PW-1) was allegedly kidnapped on 18th March 1998 at around 3:00 p.m. 
• The second First Information Report (FIR) was lodged on 19.03.1998 at 7:00 p.m., more than 24 hours after the incident. 
• The appellant, Dalip Kumar @ Dalli, was not named in the FIR but later charged under Sections 363, 366-A, 366, 376, read with 149 and 368 of Indian Penal Code, 1860 (IPC). 
• The Prosecutrix in her testimony said that: 
  • Marriage talks with the appellant were ongoing but opposed by her father due to caste differences. 
  • She voluntarily went with the appellant and did not raise any alarm during the alleged abduction. 
• Further, Sarita who was the younger sister of the prosecutrix and who witnessed her going with the appellant was not presented as a witness. 
• It is to be noted that the medical evidence produced showed that there were no signs of injury or sexual assault on the prosecutrix. 
• Further, the age of the prosecutrix was estimated to be between 16- 18 years. 
• The Lower Courts gave the following decisions: 
  • The Trial Court acquitted the accused of more serious charges, including sexual assault (Section 376). The appellant and another accused were however convicted under Sections 363 (kidnapping) and 366-A (inducing a minor girl for illicit intercourse). 
  • The High Court upheld the conviction of the appellant under Sections 363 and 366-A.   
• Thus, an appeal against the conviction was filed before the Supreme Court. 

What were the Court’s Observations?  

• With regards to bodily injury to prove sexual assault the Court held that bodily injuries are not necessary to prove sexual assault.  
• Regarding the above, the Court cited the Supreme Court’s Handbook on stereotypes. 
• The Court observed that it is a common myth that sexual assault must leave injuries, however, victims respond to trauma in varied ways influenced by factors such as fear, shock, social stigma or feelings of helplessness. 
• In the present facts it was observed by the Court that the prosecutrix herself testified that she was not forcibly taken away by the appellant. Thus, the ingredients to satisfy the requirements of Section 366A of IPC are not sustained. 
• Further, another important witness Sarita was withheld by the prosecution and the possibility of prosecutrix being of 18 years cannot be completely ruled out. 
• Therefore, the prosecution failed to prove the ingredients of Section 366A and Section 363 of IPC.

Who is Sexual Assault under Bharatiya Nyaya Sanhita, 2023? 

• Chapter V of  Bharatiya Nyaya Sanhita, 2023 (BNS) lays down offences against women and children. 
•  Section 74 of BNS provides for the offence of assault or criminal force to woman with intent to outrage her modesty. 
• The ingredients of Section 74 of BNS are as follows: 
  • Act Prohibited: 
    • Assault or the use of criminal force against a woman is prohibited if it is done with specific intent or knowledge. 
  • Intent or Knowledge: 
    • The perpetrator must either:  
      • Intend to outrage the woman's modesty, or 
      • Know that their actions are likely to outrage her modesty. 
  • Punishment: 
    • Imprisonment:  
      • Minimum term: 1 year. 
      • Maximum term: 5 years. 
    • Fine:  
      • The offender is also liable to pay a fine. 
  • Objective: 
    • This section aims to protect the dignity, modesty, and personal integrity of women by criminalizing acts that violate their modesty. 
  • Non-compoundable Offense: 
    • The offense under this section cannot be resolved through mutual agreement between the parties and is considered serious in nature. 
  • Gender-Specific Protection: 
    • The law specifically addresses offenses committed against women.

What are the Guidelines Regarding Sexual Assault laid down in the Supreme Court’s Handbook on Stereotypes?

• The Handbook on Gender Stereotypes is released by the Supreme Court of India with the intention of assisting judges and legal practitioners in recognizing, understanding, and combating gender stereotypes present in legal language and judgments. 
• Some of the stereotypes regarding sexual assault mentioned in the handbook are as follows: