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A 15-year-old girl leaves home independently. Later, an adult man who did not take, entice or induce…

Penile-vaginal penetration is an act covered by section 63(a). Under section 63(vi), consent is immaterial when the girl is under eighteen. At age fifteen she is under…

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A 15-year-old girl leaves home independently. Later, an adult man who did not take, entice or induce her to leave has penile-vaginal intercourse with her. Which provision of the Bharatiya Nyaya Sanhita, 2023, specifically prescribes punishment for this offence on the facts given?

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Answer and explanation

Correct answer D

Penile-vaginal penetration is an act covered by section 63(a). Under section 63(vi), consent is immaterial when the girl is under eighteen.

At age fifteen she is under sixteen, so section 65(1) specifically prescribes punishment on that age ground.

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Option A

The facts establish neither taking nor enticing from lawful guardianship by this man. Section 137 is not the age-specific rape punishment provision.

Option B

Section 87 requires the relevant kidnapping, abduction or inducing conduct and statutory purpose. Those elements are not supplied.

Option C

Section 96 concerns inducing a child to go from a place or do an act with the specified intent or knowledge that the child may be forced or seduced to illicit intercourse with another person. The facts do not establish that conduct.

Option D

Section 63(vi) makes consent immaterial below eighteen, and section 65(1) specifically prescribes punishment when the girl is under sixteen.

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