The Supreme Court of India has released a comprehensive expert committee report aimed at making judicial proceedings in sexual offence cases more sensitive, respectful, and survivor-centric. The report advises judges to avoid outdated, gender-biased, and stigmatizing expressions while writing judgments or interacting with survivors during court proceedings. Instead, it emphasizes the use of legally accurate, neutral, and dignity-based language that respects the constitutional rights of survivors.
The report was prepared by an expert committee headed by former Supreme Court judge Justice Aniruddha Bose. It was based on an extensive review of 125 trial court judgments collected from judicial academies across the country. The committee found that although many judgments reflected fairness, several still contained language rooted in stereotypes and patriarchal assumptions.
According to the report, courts should avoid expressions such as "outraging modesty," "helpless woman," "lost her purity," "prosecutrix," "poor minor girl," "lust-driven accused," "destroyed her life," and similar phrases that focus on morality rather than the legal nature of the offence. Such terminology, the committee noted, may unintentionally reinforce social stigma and retraumatize survivors.
Instead, judges have been advised to use neutral expressions such as "victim," "survivor," "complainant," "sexual assault," "sexual violence," and "bodily autonomy." The report stresses that judicial reasoning should be based on consent, dignity, constitutional rights, and bodily integrity rather than patriarchal notions of honour, purity, or family reputation.
The committee also highlighted concerns over courtroom practices where survivors are questioned about their clothing, sexual history, personal relationships, or character. Such questions, unless legally relevant, should not be permitted. Trial judges have been asked to actively intervene whenever humiliating or intimidating cross-examinations take place.
The report further recommends ensuring a survivor-friendly courtroom environment. Basic facilities such as seating, drinking water, privacy, and the removal of unnecessary persons during testimony should be provided. It also advocates in-camera trials wherever necessary, pre-trial counselling, witness protection measures, and access to legal aid for survivors.
Another key recommendation is that judges should pay greater attention to the conduct of the accused and the evidence presented rather than doubting the credibility of survivors based on stereotypes. The committee expressed concern that certain judicial observations in past cases involving unconscious women or vulnerable victims have unintentionally promoted rape myths instead of focusing on legal facts.
The report underlines that judges have a legal and moral responsibility not only to deliver justice but also to ensure that the judicial process itself does not become a source of further trauma. Survivors should never be compelled to interact unnecessarily with the accused, and courts should proactively provide protective measures without waiting for a formal request.
The expert committee was constituted following a Supreme Court order dated February 10, 2026, directing the preparation of guidelines for judges dealing with sexual offences and vulnerable witnesses. The direction came after the apex court took suo motu cognizance of a controversial Allahabad High Court order. The newly released report is expected to serve as an important framework for improving judicial sensitivity in sexual offence cases across India.
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