Sex with wife aged between 15 and 18 years would be a punishable offence: Supreme Court

Team SoOLEGAL 11 Oct 2017 3:00pm

Sex with wife aged between 15 and 18 years would be a punishable offence: Supreme Court

In a landmark judgment, the Supreme Court on Wednesday held that sex with wife aged below 18 years will amount to rape. A man will be punished under the Indian Panel Code for rape if found guilty of having sexual intercourse with his minor wife.

The matter was listed before a Bench of Justices Madan B. Lokur and Deepak Gupta ruled that Exception 2 to Section 375 (rape) of the Indian Penal Code (IPC), as it stands, is arbitrary and violation of Articles 14, 15 and 21 and not in consonance with the POCSO Act. Before today's verdict, there was Exception 2 in Section 375 rape law provisions that protected a man who had sexual relations with his wife even if she was under 18.The SC rejected the plea of the Centre which justified the provision on the grounds that child marriage is a reality in the country and such a marriage has to be protected. The SC asked the Centre how Parliament could create an Exception in a law when the age of consent is 18. Responding to the query, the Centre's counsel had said if this exception under the IPC goes, then it would open up the arena of marital rape which does not exist in India. [As reported in Times of India]

Tagged: Supreme Court Of India   Rape   Sex   Minor   POCSO     
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