The Chhattisgarh High Court ruled that saying “I love you” without sexual intent doesn’t attract POCSO charges, upholding the youth’s acquittal due to lack of evidence.
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CHHATTISGARH: The Chhattisgarh High Court recently upheld the acquittal of a youth booked under the Protection of Children from Sexual Offences (POCSO) Act, IPC provisions, and the SC/ST (Prevention of Atrocities) Act. The case serves as a reminder that not all verbal expressions, even when directed at minors, meet the legal threshold for sexual harassment unless supported by evidence of intent and context.
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Background of the Case
The incident originated in the Kurud police station area of Chhattisgarh’s Dhamtari district, where a 15-year-old girl alleged that a young man had expressed his love for her and had previously subjected her to harassment.
Following on her complaint, authorities booked the accused under Section 354D of the Indian Penal Code (stalking), Section 509 (insulting the modesty of a woman), Section 8 of the Protection of Children from Sexual Offences (POCSO) Act (sexual assault), and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
High Court’s Findings
Justice Sanjay S Agarwal, presiding over a single-judge bench of the Chhattisgarh High Court, dismissed the State’s appeal against the trial court’s acquittal, highlighting key shortcomings in the prosecution’s case.
The Court observed that the phrase “I love you”, in isolation, does not amount to sexual harassment under the POCSO Act unless accompanied by sexually suggestive behavior or repeated advances, thereby indicating a lack of sexual intent.
Furthermore, the Court noted that there was no evidence to establish that the accused was aware of the girl’s caste, rendering the invocation of the SC/ST (Prevention of Atrocities) Act inapplicable.
Additionally, the prosecution was criticized for its inadequate investigation, particularly its failure to confirm the girl’s age and the absence of corroboration for the allegations of stalking and harassment.
The Court, citing the Supreme Court’s ruling in Attorney General for India v. Satish (2021), which reaffirmed that “intent” is central to defining sexual offences under Section 7 of the POCSO Act.
In dismissing the appeal, the Court concluded:
“An isolated incident of saying ‘I love you’ does not meet the threshold for sexual harassment under the POCSO Act unless accompanied by sexually suggestive behaviour or repeated overtures.”
The bench thus upheld the trial court’s verdict and acquitted the youth, warning against the misuse of stringent laws without sufficient evidentiary backing.
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