“Sexual Intercourse With Underage Wife Constitutes Rape: Bombay High Court Upholds Conviction”

Keywords ; Bombay High Court, underage marriage, marital rape, POCSO Act, IPC, consent, Nagpur bench, 18 years, sexual assault, statutory rape,

Bombay High Court Declares Sexual Intercourse With Underage Wife Is Rape

In a significant judgment, the Bombay High Court’s Nagpur bench has ruled that non-consensual intercourse with a wife under 18 years of age constitutes rape, affirming the conviction of a 24-year-old man sentenced to 10 years in prison. The ruling, delivered by Justice G A Sanap on November 12, 2024, underscores that age plays a pivotal role in determining consent under Indian law.

Background of the Case

The accused was convicted by a sessions court in 2021 under the Protection of Children from Sexual Offences Act (POCSO) and Indian Penal Code (IPC) provisions for sexually assaulting his underage wife. The victim, who lodged the complaint in 2019, alleged that the man had raped her, impregnated her, and later coerced her into an abortion despite marrying her.

DNA analysis confirmed the accused as the biological father of the child.

Court’s Observations

The High Court dismissed the man’s argument that marital status shielded him from rape charges, emphasizing:

• Age of Consent: Justice Sanap reaffirmed that sexual intercourse with a girl below 18 years, regardless of marital status, constitutes statutory rape under Indian law.
• Marital Rape Exception Not Applicable: The Court clarified that the exception for marital rape under IPC does not apply when the wife is a minor.
• Child Protection Laws Prevail: The POCSO Act, which defines the legal age of consent as 18 years, takes precedence in such cases, overriding claims of consensual marital relations.

Impact on Legal and Social Norms

This judgment highlights the conflict between traditional practices of child marriage and modern legal protections for minors. While the legal framework seeks to uphold children’s rights, societal norms often challenge enforcement.

The case also brings attention to the criminalization of marital rape involving minors, reinforcing the government’s commitment to protecting children, especially under laws like the POCSO Act.

Key Takeaways

The High Court’s judgment serves as a strong reminder:

1. Marriage does not confer immunity from rape charges when the wife is under 18.
2. Consent laws aim to protect minors from exploitation, irrespective of cultural or traditional practices.
3. The legal system must balance societal attitudes with strict enforcement of child protection laws.

This decision reiterates the judiciary’s role in addressing child marriage, marital rape, and sexual exploitation while safeguarding the fundamental rights of minors.

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