In a significant judgment, the Madras High Court has ruled that hugging and kissing between young couples in a consensual relationship does not constitute an offence under Indian law, specifically under Section 354-A(1)(i) of the Indian Penal Code (IPC). The Court made this observation while quashing a case against a 21-year-old youth who had been booked for hugging and kissing his 19-year-old girlfriend during a private meeting in November 2022.
Justice N Anand Venkatesh, presiding over the case, noted, “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.” He clarified that to attract this particular offence, there must be evidence of physical contact and advances involving “unwelcome and explicit sexual overtures,” which was not applicable in this consensual instance.
The case arose when the young woman informed her parents about her relationship and expressed her desire to marry the young man. However, he reportedly declined her request, leading to a complaint by the girl’s family. The prosecution acknowledged that the couple had been in a relationship since 2020 and had consensually hugged and kissed during a late-night conversation on November 13, 2022.
Justice Venkatesh emphasized that continuing criminal proceedings in such cases would constitute an abuse of the legal process, given the consensual nature of the young couple’s actions. Noting that such expressions of affection are natural among teenagers in love, he quashed the case, allowing the young man’s plea to proceed without further legal repercussions.
The petitioner was represented by Advocate G Karuppasamy Pandian, while the prosecution was represented by Government Advocate A Albert James.
This judgment sheds light on the importance of understanding consent and intent in legal interpretations of affectionate interactions among young people, affirming that consensual expressions of affection between teenagers are not inherently criminal.
