A recent Bombay High Court ruling has overturned a lower court's conviction of a man accused of molestation and violating the Protection of Children from Sexual Offences (POCSO) Act, stating that simply saying "I love you" does not constitute a sexual offense. The High Court emphasized that for an act to be considered molestation, there must be evidence of inappropriate touching or gestures intended to insult a woman's modesty.

The case highlights a critical discussion about the interpretation of intent and the scope of sexual offense laws, particularly in cases involving young individuals. The sessions court had initially sentenced the man to three years in prison in 2017. However, the High Court's decision to acquit him underscores the importance of distinguishing between expressions of affection and acts that constitute genuine harassment or assault.

This ruling is not an isolated instance of Indian courts grappling with the complexities of adolescent relationships and the application of the POCSO Act. In February 2025, the Delhi High Court acquitted a man accused of rape of a minor, characterizing it as a case of "adolescent love" where the physical relations were consensual. Justice Jasmeet Singh, in that case, advocated for a compassionate approach, prioritizing understanding over punishment in cases involving young love, and emphasizing the need to safeguard the rights of young individuals to love while ensuring their safety and well-being.

The Supreme Court has also weighed in on the matter, urging the Central Government to consider a national sex education policy and to thoroughly evaluate cases related to the POCSO Act. The court's concern is to prevent adolescents from being wrongly jailed for consensual romantic relationships under the guise of the stringent POCSO Act, which is designed to protect minors from exploitation.

These cases reflect a broader debate on the criminalization of adolescent consensual relationships and whether such rigid application of the POCSO Act aligns with the best interests of the individuals involved. Some legal experts argue for the law to evolve to acknowledge consensual relationships between young people, focusing instead on preventing exploitation and abuse.

However, it is important to remember that the POCSO Act was promulgated for the protection of children. The act does not distinguish between a girl less than 18 who chooses a partner out of her own choice and volition, therefore any sexual act with such a girl would constitute an offense under the Act.

These recent court decisions highlight the need for a nuanced approach when dealing with cases involving teenagers and expressions of love. While protecting minors from sexual abuse and exploitation remains paramount, it is equally important to ensure that genuine expressions of affection are not misconstrued as criminal acts. The judiciary is increasingly recognizing the importance of considering the context, intent, and consensual nature of relationships when applying laws designed to protect children.