The Madras High Court recently made a significant statement on youthful relationships, quashing a criminal case against a 21-year-old who had been accused of inappropriate conduct after hugging and kissing his 19-year-old girlfriend during a late-night meeting in November 2022.
Justice N Anand Venkatesh clarified that expressions of affection between young adults in love, like hugging and kissing, are natural and do not meet the criteria for an offence under Section 354-A(1)(i) of the Indian Penal Code, which addresses unwelcome and explicit sexual advances. The Court underscored that the statute applies strictly to unsolicited acts with explicit sexual overtures, not consensual acts in a romantic relationship.
Acknowledging the context, the Court found that prosecuting the young man over mutual affection would be an abuse of the legal process. The couple, who began dating in 2020, had been open about their relationship. However, tensions arose when the young woman, wanting a deeper commitment, informed her parents and asked for marriage, which he declined—ultimately leading to the legal complaint.
The Court’s decision reinforces that mutual expressions of affection between consenting young adults should not be criminalized, recognizing the importance of discerning genuine criminal intent from natural expressions of youth.
