The Madurai Bench of the Madras High Court recently dismissed criminal charges against a young man accused of sexual harassment, saying that teenage affection shouldn’t be treated as a crime. Justice N. Anand Venkatesh, in his order on November 4, said that the physical contact between the young man and woman was a normal part of a consensual relationship between two teenagers.

He explained that this behaviour didn’t meet the legal requirements to be called an offence under Section 354-A(1)(i) of the Indian Penal Code, which addresses unwanted physical advances.

A 19-year-old woman filed a complaint saying that a man she was romantically involved with hugged and kissed her in a private place. Later, he declined to marry her, which led her to go to the police. This resulted in a First Information Report (FIR) being filed under Section 354-A(1)(i) of the Indian Penal Code, a law that addresses unwanted and obvious sexual advances. However, the court found that the woman’s complaint did not have enough details to consider the man's actions as a crime under this specific law.

HC says teenage affection isn’t a crime

Justice Venkatesh clarified that the two young people had willingly met and spent time with each other. He explained, "It is quite natural for two teenagers in a romantic relationship to hug or kiss each other. This, by any means, cannot be considered a crime under Section 354-A(1)(i) of the IPC."

The court stressed the importance of careful judgement to prevent unnecessary legal actions that could harmfully label young people in consensual relationships. Justice Venkatesh explained that pursuing cases like this could unfairly put negative labels on young people, which could hurt their lives and futures.

The court dropped the charges against the young man even though the police had finished their investigation and sent a final report to the Srivaigundam Judicial Magistrate. The High Court used its special power under Section 482 of the Criminal Procedure Code to stop the case, which is a rule meant to prevent the legal system from being used unfairly. Justice Venkatesh reminded that, even if a case has reached trial, the High Court can cancel it if continuing would lead to unfair or harmful results.