The Madras High Court recently ruled that hugging and kissing between teenage couples is natural and does not constitute an offence under Section 354-A(1)(i) of the Indian Penal Code (IPC). This section pertains to physical contact and advances involving unwelcome and explicit sexual overtures.
The Court quashed the criminal case against a 21-year-old man who was accused of hugging and kissing his 19-year-old girlfriend during a meeting in November 2022.
Case Details
The couple, in a relationship since 2020, met on November 13, 2022, and spent time together from 9 PM to midnight. During this time, the boy hugged and kissed the girl. Later, the girl informed her parents about their relationship and expressed her wish to marry him. When the boy refused and began avoiding her, the girl filed a complaint against him.
Court’s Observations
Justice N Anand Venkatesh stated that for an offence under Section 354-A(1)(i) of the IPC to be valid, physical contact must involve unwelcome and explicit sexual advances. He added that it is natural for teenage couples in love to hug and kiss, and such actions cannot be considered criminal.
The Court emphasized that continuing criminal proceedings in this case would be an abuse of the law. It allowed the boy’s plea and dismissed the charges against him.
Conclusion
This ruling underscores the importance of understanding the context of relationships among young adults. It also highlights the necessity of differentiating natural actions of affection from criminal behavior under the law.
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