Site navigation

What did the Supreme Court decide in Independent Thought v Union of India on 11 October 2017 concerning…

In Independent Thought the Supreme Court read Exception 2 to IPC s.375 down so that sexual intercourse with a wife below eighteen is rape, bringing the exception in line…

Choose your answer

What did the Supreme Court decide in Independent Thought v Union of India on 11 October 2017 concerning Exception 2 to IPC section 375?

Select one answer
Answer and explanation

Correct answer A

In Independent Thought the Supreme Court read Exception 2 to IPC s.375 down so that sexual intercourse with a wife below eighteen is rape, bringing the exception in line with the age of consent. It replaced the fifteen-year age in the exception and expressly left open the wider question of the marital exception for adult wives. Exception 2 to section 63 of the Bharatiya Nyaya Sanhita, 2023 now applies only where the wife is not under eighteen years of age.

Practice for these exams

Related exam syllabi

Related questions in this topic