Intercourse act with wife aged between 15 and 18 an act of crime, says Supreme Court

New Delhi: The Supreme Court  on Wednesday stated that sexual intercourse with a wife aged between 15 to 18 would be a crime and would amount to rape.

The two-judge bench said that sexual intercourse with minor wife will amount to rape.

Before today’s SC ruling, 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 is 18 years.

“Exception 2 in Section 375 of IPC granting protection to husband is violative of constitution and fundamental rights of minor bride’, says Supreme Court.

 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.


PTI inputs