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Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 sets the age threshold for a wife at…

In Independent Thought v. Union of India (2017), the Supreme Court held that 'the provisions of various complementary statutes need to be harmonized and read purposively to…

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Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023 sets the age threshold for a wife at eighteen years, aligning general penal law with the Protection of Children from Sexual Offences Act, 2012. In Independent Thought v. Union of India (2017), the Supreme Court held that a conflict between the marital exception in general criminal law and pro-child statutes such as the POCSO Act had to be resolved by:

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In Independent Thought v. Union of India (2017), the Supreme Court held that 'the provisions of various complementary statutes need to be harmonized and read purposively to present an articulate whole' in the best interest of the girl child, harmonising the marital exception in general criminal law (now codified at eighteen years in Exception 2 to Section 63 of the Bharatiya Nyaya Sanhita, 2023; formerly Exception 2 to Section 375 of the Indian Penal Code, 1860) with the Protection of Children from Sexual Offences Act, 2012.

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