Decided
Exception to Rape within Child Marriages
Independent Thought v. Union of India
On 11th September 2017, the Supreme Court increased the age of consent for sexual intercourse within marriages to 18. Prior to the ruling, sexual acts by a husband on his wife, ...
On 11th September 2017, the Supreme Court increased the age of consent for sexual intercourse within marriages to 18. Prior to the ruling, sexual acts by a husband on his wife, where the wife was above 15 years of age, did not constitute rape for the purpose of criminal law. This lead to a legal anomally as the age of consent is 18 years, both in the Indian Penal Code and various special statutes enacted for children, notably POCSO.