‘Natural for Young Couple to Hug or Kiss’: HC Rejects Youth Sexual Harassment Case

Last Update:14 November 2024 23:43 IST

Justice N Anand Venkatesh pointed out that even if the girl’s allegations are accepted as true, they do not meet the criteria of a punishable offense under the IPC.

The youth was booked under Section 354-A(1)(i) of the Indian Penal Code. (Representative image via Unsplash)

In a recent judgment, the Madras High Court quashed a sexual harassment case filed against a 21-year-old man accused of embracing and kissing his 19-year-old girlfriend “without her consent”, stating that such acts took place between a teenager. the couple is “quite natural” and does not constitute a crime under Indian law.

The youth was booked under Section 354-A(1)(i) of the Indian Penal Code (IPC), which deals with “physical contact and advances involving unwelcome and explicit sexual advances”.

However, in its decision on November 4, the Supreme Court clarified that in order for this section to apply, there must be unwelcome and explicit sexual advances. Bar and Bench report.

“Even if the allegations are handled this way, it is quite natural for two young people in love to hug or kiss each other. “In no way can this constitute an offense under Section 354-A(1)(i) of the IPC,” the court held.

Giving the verdict, Justice N Anand Venkatesh pointed out that even if the girl’s allegations are accepted as true, she does not meet the criteria of a punishable offense under the IPC. He also stated that continuing criminal proceedings against the young man would be an “abuse of the legal process”.

About the case:

The case involving the young couple, who has been in a relationship since 2020, dates back to November 2022.

According to the prosecution, the 21-year-old boy (petitioner) contacted his 19-year-old girlfriend (defendant) and asked her to meet him at a certain place. They spent several hours together, from 9pm to midnight, and the boy allegedly hugged and kissed the girl without her consent.

Following the incident, the girl informed her family about the relationship and reportedly asked the boy to marry her. When the boy refused and started running away from her, the girl filed a complaint with the police.