Under the Bharatiya Nyaya Sanhita, 2023, sexual intercourse or sexual acts by a man with his own wife :

Under Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 (codifying the Supreme Court's landmark ruling in Independent Thought v. Union of India, 2017, which read down Exception 2 to Section 375 of the erstwhile Indian Penal Code), sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape. Consequently, sexual intercourse or sexual acts by a man with his own wife will amount to rape if the wife is below the age of 18 years, whereas the outdated 15-year threshold no longer applies and the marital exception continues to operate where the wife is 18 years of age or older.