Saying ‘I Love You’ isn’t sexual harassment without intent, rules Chhattisgarh High Court

In a significant ruling, the Chhattisgarh High Court has clarified that merely saying "I love you" to a minor does not constitute sexual harassment under the POCSO Act, unless it is accompanied by clear sexual intent. The court quashed charges against a young man who was accused under multiple laws, including the Protection of Children from Sexual Offences (POCSO) Act and the SC/ST (Prevention of Atrocities) Act.

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The case stemmed from a complaint filed by a 15-year-old girl in Dhamtari district, who alleged that the accused had followed her and made repeated advances, including saying “I love you.” She claimed this amounted to harassment. Based on her complaint, police booked the youth under IPC sections 354D (stalking), 509 (insulting modesty of a woman), Section 8 of the POCSO Act, and provisions of the SC/ST Act.

However, Justice Sanjay S Agrawal of the High Court noted that the prosecution had failed to establish either the intent of the accused or the minor’s age with sufficient evidence. The judge emphasized that under the law, especially Section 7 of the POCSO Act, there must be a clear sexual motive for a comment or action to be considered sexual harassment.

The court also referred to the Supreme Court’s 2021 ruling in Attorney General for India vs Satish, which held that ambiguous gestures or words without sexual undertones do not qualify as sexual offences under POCSO.