Home / Latest News / SC rules Marital Rape is not penal offence even if Wife is Minor aged between 15 to18 Years

SC rules Marital Rape is not penal offence even if Wife is Minor aged between 15 to18 Years

August 9,2017;

IPC says the intercourse or sexual act by a man with his wife who is not below 15 years, is not a Rape.

Child Brides

Supreme Court expounded that, “Raging issue whether to make the forced marital intercourse and the sexual acts part of the offence of rape in Penal Law has been extensively debated and now it cannot be considered as the criminal act.

Section 375, Indian Penal Code (IPC), which defines offence of rape, has an exception clause that states that ,”Intercourse or Sexual act by a man with his wife, not below 15 years, is not a rape.

Court added that to know as to Whether Parliament debated aspect of protecting the married girls, between age group of 15-18 years, from forced sexual acts by their spouses. Whether the court could intervene to protect rights of such married girls who may be sexually exploited by their spouses.

Apex Court Bench comprising of Justice M B Lokur and Justice Deepak Gupta stated that,“Parliament has extensively debated issue of the marital rape and considered that it was not an offence of rape. Therefore, it cannot be considered as the Criminal offence”.

Supreme  Court enunciated that,”Marriage of a girl, who is below age of 15 years, was illegal”.

Apex Court further added that,“There are cases when the college-going teens, below the 18 years of age, engage in the sexual activities consensually and get booked under law. Who is going to suffer? The boy is not at the fault. Punishment of seven years is too harsh”.


Supreme Court Bench was hearing a plea questioning Constitutionality of a provision permitting a man to have the physical relationship with his wife even if she is aged between 15 and 18.


Facebook Comments

Check Also

HC upholds French Designer’s “Red Sole” Trademark, Directs 10 lakh to be paid for violation of Trademark

December 14,2017: Delhi HC’s Single Judge Bench of Justice Mukta Gupta expounded that,”From evidence led by plaintiff, it is proved that he is registered owner of its well known Red Sole trademark, and that defendants are infringing this trademark”. On ...


  1. sanjay deshmukh

    In India adult age is 18 years, which is to be reduced to 15year.

  2. @Govardhan… Read section 375 of IPC.. the age of consent is clearly mentioned..i.e 18 yrs.. nd Acccrdng to this section if a girl is under the age of 18 yrs then even a consensual sex with her is rape.. bcoz her consent doesn’t matter if she is below 18 …


Leave a Reply

Your email address will not be published. Required fields are marked *