Statutory rape is when a husband has sexual intercourse with his wife with age -
Ans. is 'D' i.e., <18 years o Statutory' rape is sexual intercourse with a women below the age required/to legally consent the act, i.e. a girl below 18 years (if not wife) and below 18 years (if wife). Both 18 now Supreme court, on 11/10/17, has passed a judgement regarding sexual intercourse with a minor wife. The following points should be remembered:- 1. Sexual intercourse with wife, aged less than 18 yrs, is now an offence (rape). 2. Section 375 IPC, Exception 2, has been struck down by Supreme court (i.e. sexual intercourse of man with wife above than 15 yrs is not an offence). 3. Age of consent for sexual intercourse a. Unmarried female - 18 yrs b. Married female - 18 yrs (if the female 15 = 18 yrs is not complaining against the husband, it does not make the act lawstaful) 4. The wife (15 - 18 yrs) should file the complaint within 1 yr from incident. 5. Marital rape is not punishable in India. (Court has not commented on Marital rape) Rape o According to Section 375IPC, a man is said to commit rape, if he has sexual intercourse with a women Against her will Without her consent With her consent if she is Less than I8 years of age. With his own wife less than 18 years of age. Intoxicated or has unsound mind so that she is unable to understand the conseqences. Consent is obtained by unlawful means, i.e. fears of death or hurt to herself or to some one whom she is interested. Impersonation , i.e. wrhen the man knows he is not her husband and her consent is given because she believes that he is another man to whom she is lawfully married. The age of consent in India has been increased to 18 years, which means any sexual activity irrespective of presence of consent with a woman below the age of 18 will constitute statutory rape. o In India, the law does not persume any limit of age under which a boy is considered physically incapable of committing rape. Similarly, there is no age limit for girl, below or above which rape canot be committed on her. o Custodial Rape is rape by persons who are in position of authority eg police officers, jail wardens, hospital staff and who abuse their position to commit the offence when the wromen is under their custody/care. o Gang Rape When a women is raped by one or more in a group of persons acting in furtherance of their common intention, each is deemed to have committed gang rape. o Date rape is sexual intercourse with a w oman who is given a drink containing a sedative drug like catamine, GHB, robypnol in a party (date) without her knowledge.
< 15 years
< 16 years
< 17 years
< 18 years
Misc.