The Madurai Bench of the Madras High Court recently dismissed criminal charges against a young man accused of sexual harassment, noting that teenage affection should not be considered a crime.
A 19-year-old woman filed a complaint, alleging that during a meeting in a secluded area, her romantic partner, hugged and kissed her. When he later declined to marry her, she reported the incident to the police. This led to a First Information Report (FIR) under Section 354-A(1)(i) of the IPC, which addresses physical contact and advances with unwelcome sexual intent.
However, the court determined that the allegation did not meet the necessary criteria to be considered a criminal offence under this section.
In an order dated November 4, Justice N. Anand Venkatesh ruled that the physical contact between the petitioner (the young man) and the complainant (the young woman) was a normal aspect of a consensual relationship between teenagers, and it did not fulfil the legal requirements for an offence under Section 354-A(1)(i) of the Indian Penal Code.
The court noted that both individuals were in their late teens and had met and spent time together willingly. Justice Venkatesh observed that, even if the allegations were taken at face value, the actions appeared to reflect typical youthful affection rather than any criminal intent.
The court noted, “It is quite natural for two teenagers in a romantic relationship to hug or kiss. Such behaviour cannot, by any stretch, constitute an offence under Section 354-A(1)(i) of the IPC.”
Justice Venkatesh also emphasized the need for judicial discretion to prevent misuse of legal processes, pointing out that pursuing such cases could unfairly stigmatize young people in consensual relationships.
This intervention by the court occurred after the police had completed their investigation and submitted a final report to the Judicial Magistrate in Srivaigundam.
