Under Section 63 of the Bharatiya Nyaya Sanhita, 2023, which of the following statements is correct?
Under Section 63 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 375 of the Indian Penal Code, 1860), a man commits rape if he has sexual intercourse with a woman…
Choose your answer
Under Section 63 of the Bharatiya Nyaya Sanhita, 2023, which of the following statements is correct?
Answer and explanation
Correct answer D
Under Section 63 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 375 of the Indian Penal Code, 1860), a man commits rape if he has sexual intercourse with a woman without her consent (clause (ii)), or with or without her consent when she is under eighteen years of age (clause (vi)). Under Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 (reflecting the law laid down in Independent Thought v. Union of India, 2017), sexual intercourse or sexual acts by a man with his own wife is not rape only if the wife is not under eighteen years of age; hence the statement specifying sixteen years for the marital exception is incorrect.
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