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Justice N Anand Venkatesh pointed out that even if the allegations made by the girl were accepted as true, they did not meet the criteria for a criminal offence under the IPC
The youth had been booked under Section 354-A(1)(i) of the Indian Penal Code. (Representational image via Unsplash)
In a recent ruling, the Madras High Court quashed a sexual harassment case against a 21-year-old man, who was accused of “hugging and kissing” his 19-year-old girlfriend, stating that such actions between a young couple are “quite natural” and do not constitute an offence under Indian law.
The youth had been booked under Section 354-A(1)(i) of the Indian Penal Code (IPC), which pertains with “physical contact and advances involving unwelcome and explicit sexual overtures.”
However, in its order on November 4, the high court clarified that for this section to apply, there must be unwelcome and explicit sexual advances, according to a Bar and Bench report.
“Even if the allegations are taken as it is, it is quite natural for two persons in the teenage, who are having a love affair to hug or kiss each other. By no stretch, this can constitute an offence under Section 354-A(1)(i) of IPC,” the court had ruled.
Justice N Anand Venkatesh, who delivered the judgment, pointed out that even if the allegations made by the girl were accepted as true, they did not meet the criteria for a criminal offence under the IPC. He further noted that continuing criminal proceedings against the young man would be an “abuse of the process of law”.
About the case:
The case, involving the young couple who had been in a relationship since 2020, dates back to November 2022.
According to the prosecution, the 21-year-old boy (the petitioner) contacted his 19-year-old girlfriend (the respondent) and asked her 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 the girl without her consent.
After the incident, the girl informed her parents about the relationship and reportedly asked the boy to marry her. When the boy refused and began avoiding her, the girl filed a complaint with the police.
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