How does the definition of rape in India apply to sex with a minor wife
Explore the recent ruling by the Bombay High Court regarding sexual relations with a minor wife.
- In India, rape is defined under Section 375 of the Indian Penal Code as non-consensual sexual intercourse with a woman.
- The legal age of consent in India is 18 years, regardless of marital status.
- However, there has been a controversy regarding sexual relations with a minor wife, where the husband argues that it cannot be considered as rape.
- The recent ruling by the Bombay High Court clarified that sexual intercourse with a minor wife, even if she is above 15 years of age, is still considered as rape under the Protection of Children from Sexual Offences (POCSO) Act.
- Therefore, the age of the wife is not a defense against the charge of rape in India.
Answered
5 months ago