Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
+91 8851742417, +91 8800386163
Exception 1- A medical procedure or intervention shall not constitute rape.
Exception 2- Sexual intercourse or sexual acts by a man with his own wife who is above fifteen years of age is not rape.
Sex With Minor Wife Is Rape:-
A two Judge Bench of Supreme Court held that sexual intercourse with minor (below 18 years) wife is rape. Justice Deepak Gupta in his Judgment Clarified that Section 198(6) of the CrPC will apply to cases of rape of “wives” below 18 years, and cognizance can be taken only in accordance with the provisions of Section 198(6) of the Code. To this end, the Court read down exception 2 to Section 375 (which defines rape) of the IPC amended by the Criminal Law (Amendment) Act, 2013) which allowed such a sexual act. The age of consent has been made 18 from 15 in these cases.
