Saying ‘I Love You’ not sexual harassment without intent, rules Bombay High Court
PTC Web Desk: The Nagpur Bench of the Bombay High Court has ruled that merely saying "I love you" does not amount to sexual harassment unless it is accompanied by clear sexual intent. The court made this observation while acquitting a 35-year-old man who had been convicted of molesting a 17-year-old girl in 2015.
The man was earlier sentenced to three years in prison by a Nagpur sessions court under sections of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act. However, the High Court found that the act of saying "I love you" alone did not meet the criteria for sexual misconduct as defined by law.
Justice Urmila Joshi-Phalke, who delivered the ruling, clarified that inappropriate touching, forced disrobing, or indecent gestures made with an intent to insult a woman’s modesty are necessary elements of a sexual offence. "In this case, there is no evidence to suggest the accused had any sexual intent when he expressed his feelings," she said.
According to the case, the accused had stopped the girl, asked her name, held her hand, and said “I love you” as she was returning home from school. The girl later informed her father, leading to a police complaint and subsequent legal action.
The court noted that although the man held the girl’s hand, there was no further inappropriate behaviour or any attempt to establish physical contact with sexual intent. “Merely expressing feelings of love does not automatically indicate a sexual motive,” the judge observed.
The High Court emphasized that each case should be examined for actual intent and context. In this case, the lack of any further action or evidence of sexual motive led to the conclusion that the incident did not fall under molestation or harassment.
- With inputs from agencies
