Recently, the Chhattisgarh High Court held that merely shouting "I love you" to a girl does not constitute sexual harassment as defined under Section 7 of the Protection of Children from Sexual Harassment Act, 2012 ('POCSO Act'), unless accompanied by "sexual intent". While upholding the order of acquittal of the respondent/accused, the Bench of Justice Sanjay S Agrawal said, "...the respondent shouted and expressed his love towards her saying "xxx I Love You". It is to be seen at this juncture that it was his solitary act while showing his “expression of love”, and a close scrutiny of her statements, vis-a-vis, the statements of her friends, would reveal the fact that it was not made with an intention of his “sexual desire”. It, thus, appears that the alleged expression of him alone would not constitute “sexual assault” as provided under Section 7 of the POCSO Act." According to the details of the case, the incident occurred on October 14, 2019, while the prosecutrix (a 15 year old girl) was returning home from the school along with her friends. It is learnt that the respondent approached her and expressed his love for her by shouting "I love you". Chhattisgarh High Court Refers to Ramayana, Mahabharata and Manusmriti, Says 'Wife Insulting Husband's Religion and Gods Amounts to Mental Cruelty'.

Merely Saying "I Love You" to Girl Not Sexual Harassment, Says Chhattisgarh High Court

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