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According to Exception 2 to section 63 of the Bharatiya Nyaya Sanhita, 2023, which relationship and age…

Exception 2 to section 63 specifies sexual intercourse or sexual acts by a man with his own wife when she is not under eighteen years of age. This exception to the rape…

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According to Exception 2 to section 63 of the Bharatiya Nyaya Sanhita, 2023, which relationship and age condition is specified for the marital exception to the definition of rape?

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Answer and explanation

Correct answer A

Exception 2 to section 63 specifies sexual intercourse or sexual acts by a man with his own wife when she is not under eighteen years of age. This exception to the rape definition does not establish blanket immunity from other offences. Section 67 separately punishes non-consensual intercourse with a wife living separately, under a decree or otherwise.

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Option A

Exception 2 specifies his own wife who is not under eighteen years of age.

Option B

Fifteen years is not the age in the enacted BNS exception.

Option C

The enacted exception expressly includes an age condition.

Option D

An engagement does not satisfy the requirement that she is his own wife.

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