Justice N. Anand Venkatesh ruled that a young couple’s affectionate gestures, like hugging or kissing, are natural and do not constitute a criminal offense. The High Court quashed the sexual harassment case, stating that even if the girl’s allegations were taken at face value, they failed to meet the requirements of an offense under the IPC.
The Madras High Court dismissed a sexual harassment case against a 21-year-old man who was accused of hugging and kissing his 19-year-old girlfriend “without her consent.”
The court stated that “such actions between young couples are quite natural and do not qualify as an offense under Indian law.”
The youth had been charged under Section 354-A(1)(i) of the Indian Penal Code (IPC), which addresses “physical contact and advances involving unwelcome and explicit sexual behavior.”
However, the court clarified that for this section to be applicable, there must be clear instances of unwelcome and explicit sexual advances.
The court remarked,
“Even if the allegations are taken as they are, it is quite natural for two persons in their teenage years who are in a relationship to hug or kiss each other. By no stretch, this can constitute an offence under Section 354-A(1)(i) of IPC.”
Justice N. Anand Venkatesh, who issued the judgment, emphasized that even if the girl’s allegations were taken at face value, they did not fulfil the requirements for a criminal offense under the IPC.
He further indicated that pursuing criminal proceedings against the young man would amount to an “abuse of the process of law.”
The case involves a couple who had been in a relationship since 2020 and dates back to November 2022.
According to the prosecution, the 21-year-old petitioner contacted his 19-year-old girlfriend, the respondent, and arranged to meet at a specific location. They spent several hours together, from 9:00 PM to midnight, during which the boy allegedly hugged and kissed her without her consent.
After the incident, the girl reportedly told her parents about the relationship and expressed a desire for the boy to marry her. When he declined and started to distance himself, she filed a complaint with the police.