'I Love You' Not Sexual Harassment, Accused Freed
In a landmark judgment, the Nagpur Bench of the Bombay High Court has ruled that simply saying "I love you" does not amount to sexual harassment, leading to the acquittal of the accused in a case that dates back to 2015.
The court was hearing an appeal filed by a man convicted under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. The Sessions Court had earlier sentenced him to three years in prison and imposed a fine of ₹5,000 in 2017.
The incident took place on October 23, 2015, in Khapa village, Katol Taluka, Nagpur district, when the accused allegedly held the hand of a minor girl on her way home and said, "I love you." A complaint was lodged at the Katol Police Station by the girl's family, and the accused was charged under IPC Sections 354A, 354D, and Section 8 of the POCSO Act.
However, during the hearing at the High Court, Justice Urmila Joshi Phalke examined the facts and circumstances and ruled in favor of the accused. The court observed that merely expressing love without any sexual intent or inappropriate behavior does not constitute sexual harassment.
“Saying ‘I love you’ is simply an act of expressing emotion. If such a statement is not accompanied by any lewd behavior, obscene act, or physical misconduct, it cannot be treated as sexual harassment,” the judgment stated.
The accused’s lawyer argued that the case was filed due to a personal dispute between the accused, the victim’s relatives, and the police. After thoroughly reviewing the evidence, the High Court quashed the previous conviction and acquitted the accused, stating that there was no sexual intent or molestation involved.
This ruling sets an important precedent in distinguishing expression of affection from criminal behavior, reinforcing the need for contextual understanding in cases of alleged harassment.