The Court made the observation while quashing a case against a 21-year-old boy booked for having hugged and kissed his 19-year-old girlfriend while the couple had met one night in November 2022.
The Madras High Court recently noted that hugging and kissing among teenage couples (young adults) is natural and does not constitute an offense under Section 354-A(1)(i) of the IPC, which addresses physical contact and advances involving unwelcome and explicit sexual gestures.
The Court made this observation while dismissing a case against a 21-year-old man who had been charged for hugging and kissing his 19-year-old girlfriend during a meeting one night in November 2022.
Justice N Anand Venkatesh clarified that for an action to be considered an offense under Section 354-A(1)(i) of the IPC, it must involve physical contact and advances that are both unwelcome and explicitly sexual.
“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 single-judge noted in a November 4 order.
The Court, observing that continuing criminal proceedings against the young man would amount to an abuse of the legal process, decided to dismiss the case against him.
It is quite natural for two persons in the teenage, who are having a love affair to hug or kiss each other
Madras High Court
The Court was hearing a petition filed by the 21-year-old man seeking to have the criminal proceedings against him dismissed.
According to the prosecution, the couple had been in a relationship since 2020. On November 13, 2022, they met and talked from 9 p.m. until midnight, during which time he hugged and kissed her.
Afterward, the girl told her parents about the relationship and asked him to marry her. When he refused and started distancing himself, a complaint was filed against him.
The Court observed that the young couple was clearly in a romantic relationship, making it natural for them to have hugged and kissed.
Consequently, the Court accepted the boy’s plea and dismissed the case against him.