How did Par create an exception when consent age is 18 yrs: SC
By Team Legistify / 2017-09-07

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The Supreme Court today posed a query to the Centre how Parliament could create an exception in the penal law declaring that intercourse or a sexual act by a man with his wife, aged between 15 and less than 18 years, is not rape when the age of consent is 18.

The apex court said it did not want to go into the aspect of marital rape, but when the age of consent was 18 years for “all purposes”, why was such an exception made in the Indian Penal Code. “We do not want to go into the aspect of marital rape.

Picture Courtesy- YKA

That is for Parliament to see if they want to increase or decrease the age of consent. But once the Parliament decided that we have fixed 18 years as the age of consent, can they carve out an exception like this,” a bench of Justices Madan B Lokur and Deepak Gupta asked the Centre. “When you (government) recognise the age of consent to be 18 years for all purposes, then why this exception ,” it asked.Section 375 of the IPC, which defines the offence of rape, has an exception clause that says intercourse or sexual act by a man with his wife, not below 15 years, is not rape.However, the age of consent


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