The following points should be remembered

NEET PG Forensic medicine
#1

Supreme court, on 11/10/17, has passed a judgement regarding sexual intercourse with a minor wife. The following points should be remembered:-

  1. Sexual intercourse with wife, aged less than 18 yrs, is now an offence (rape).
  2. Section 375 IPC, Exception 2, has been struck down by Supreme court (i.e. sexual intercourse of man with wife above than 15 yrs is not an offence).
  3. Age of consent for sexual intercourse
    a. Unmarried female – 18 yrs
    b. Married female – 18 yrs (if the female 15 = 18 yrs is not complaining against the husband, it does not make the act lawful)
  4. The wife (15 – 18 yrs) should file the complaint within 1 yr from incident.
  5. Marital rape is not punishable in India. (Court has not commented on Marital rape)