Question

A has sexual intercourse with his own wife aged about 14 years with her consent. A committed:

• A. No offence
• B. Offence of Rape
• C. Intercourse with own wife is not Rape
• D. As there was consent, A cannot be held guilty for the offence of rape

Hint:

Sexual intercourse with a wife below 18 years amounts to rape under Section 375 IPC, regardless of her consent.

Answer 1

The Correct Option is B

Step 1: Legal Provision:
According to Section 375 of the Indian Penal Code, sexual intercourse with a woman below the age of 18 years constitutes rape, irrespective of her consent. This is based on the doctrine of statutory rape, which protects minors from sexual exploitation even if consent appears to exist.
Step 2: Marital Exception:
Earlier, the marital exception clause in Section 375 excluded sexual intercourse by a man with his wife, provided she was not under 15 years of age. However, after the Supreme Court judgment in Independent Thought v. Union of India (2017), the exception was read down — now, intercourse with a wife below 18 years of age is considered rape.
Step 3: Analysis of Options:
- (A) No offence: Incorrect, as consent of a minor is not valid in law.
- (B) Offence of Rape: Correct, because the wife being 14 years old falls below the age of consent (18 years), making the act rape irrespective of marital status.
- (C) Intercourse with own wife is not Rape: Incorrect, as the marital exception no longer applies for minors.
- (D) Consent makes A not guilty: Incorrect, as a minor’s consent has no legal validity.
Step 4: Final Conclusion:
The correct answer is (B) Offence of Rape, as per Section 375 IPC and judicial interpretation in Independent Thought v. Union of India (2017).