The Rajasthan High Court, in its hearing on Monday, June, said that the act of removing a girl's innerwear and undressing oneself with nothing more would not attract the offence of 'attempt to commit rape' under Section 376 and Section 511.
The High Court stated that the act will attract the offence of Assault to outrage modesty of a woman punishable under Section 354 IPC. A bench of Justice Anoop Kumar Dhand said on what constitutes an "attempt" and the distinction between an attempt to commit rape and to commit indecent assault. It said that for the former, the accused must have gone beyond the stage of preparation.
According to Live Law, the Court clarified that the offence of "attempt" requires three stages: first, the intention to commit the offence; second, an act directed towards the commission of that offence; and third, the act must be sufficiently proximate to the completion of the crime. Additionally, the Court explained that any act falling short of this, which does not go beyond the stage of preparation, constitutes indecent assault under Section 354 IPC.