Supreme court, on 11/10/17, has passed a judgement regarding sexual intercourse with a minor wife. The following points should be remembered:-
- Sexual intercourse with wife, aged less than 18 yrs, is now an offence (rape).
- 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).
- 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) - The wife (15 – 18 yrs) should file the complaint within 1 yr from incident.
- Marital rape is not punishable in India. (Court has not commented on Marital rape)