Machine-translated by Google. Questions are authored in English.
Top

Discussion

Under the Indian Penal Code sexual intercourse or sexual acts by a man with his own wife :

  • A.cannot amount to rape as marital rape is not recognised in India
  • B.will amount to rape if her consent is not dully taken
  • C.can amount to rape if wife is below the age of 15 years
  • D.will amount to rape if wife is below the age of 18 years

Answer: C

The key gives can amount to rape if wife is below the age of 15 years.

Exception 2 to section 375 of the Indian Penal Code, as enacted, says sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape. So under the Code's text, intercourse with a wife below fifteen can amount to rape.

In Independent Thought v. Union of India (2017) the Supreme Court read the age in this exception up to eighteen, which is why option D is also defensible today; the key follows the wording of the Code itself. Option A is wrong because the exception has never been absolute, and option B states the general rule of consent that the exception displaces.

No comment is present. Be the first to comment.
Loading…

Post your comment

Please log in or register to post a comment.