Site navigation

Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 provides that sexual intercourse or…

In "Independent Thought v. Union of India" (2017), the Supreme Court read down the marital exception to rape (then Exception 2 to Section 375 IPC) so that sexual intercourse…

Choose your answer

Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 provides that sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. This age threshold of eighteen years codifies the Supreme Court's ruling in:

Select one answer
Answer and explanation

Correct answer B

In "Independent Thought v. Union of India" (2017), the Supreme Court read down the marital exception to rape (then Exception 2 to Section 375 IPC) so that sexual intercourse with a minor wife below 18 years of age constitutes rape, harmonising penal law with the POCSO Act, 2012. Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 now expressly sets the age threshold at "not being under eighteen years of age".

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic