Sexual intercourse with minor wife is rape: Bombay High Court
The bench upheld a 10-year imprisonment sentence granted to a man by a trial court.
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The Nagpur bench of the Bombay High Court recently held that sexual intercourse between a man and his wife who is under the age of 18 would be classified as rape even if it is consensual, Bar and Bench reported on Friday.
Justice GA Sanap made the observation in an order passed on November 12. The order upheld the 10-year imprisonment sentence granted to a man by a trial court.
“In view of the law laid down by the apex court, intercourse by the appellant with the victim being his wife would not constitute rape or penetrative sexual assault, cannot be accepted,” said the court.
It added: “It needs to be stated that the sexual intercourse with a girl below 18 years of age is rape regardless of whether she is married or not. The defence of consensual sex with the wife is not available when the age of the wife or the girl, who is alleged to be the wife, is below 18 years of age.”
Exception 2 to Section 375 of the Indian Penal Code states that forcible sexual intercourse by a man with his wife is not rape unless the wife is below 15 years of age.
The court was hearing a criminal appeal filed by the man against a 2021 order...
