Sex with minor wife to be considered as rape, rules Supreme Court

In a landmark decision, the Supreme Court on Wednesday ruled that a man indulging in sex with his wife aged between 15 to 18 years could be prosecuted for rape on complaint by her.

The top court said that the age of consent is 18 and it can't be lowered.

The apex court was pronouncing its verdict on a plea challenging the validity of an exception clause in the rape law that permits intercourse or sexual act by a man with his wife, not below 15 years.

Section 375 of the Indian Penal Code, 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 is 18 years.

A bench headed by Justice Madan B Lokur had on September 6 reserved its order on the plea while questioning the Centre how Parliament could create an exception in 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 had 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 IPC. Responding to the query, the Centre's counsel had said if this exception under the IPC goes, then it would open up the arena of marital rape which does not exist in India.