Rape -- Marital Intercourse with Wife Below Eighteen Years -- Not exempted under Exception 2 to Section 375 IPC
(i) Indian Penal Code, 1860, S.375 Exception 2 -- Rape -- Marital Intercourse with Wife Below Eighteen Years -- Not exempted under Exception 2 to Section 375 IPC -- Exception 2 to Section 375 IPC exempts marital intercourse from rape only where the wife is not below eighteen years of age. Sexual intercourse by a husband with a wife under eighteen years remains punishable as rape irrespective of the marriage. (ii) Protection of Children from Sexual Offences Act, 2012, S.2(1)(d), S.42A -- POCSO Offences -- Marriage under Personal Law -- Does not exonerate accused from prosecution for sexual offences against minor -- The POCSO Act applies to any person below eighteen years and has overriding effect over personal and customary law. Marriage of the victim to the accused under personal law does not exclude applicability of the Act or absolve the accused of liability for sexual offences against a minor wife.
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