Non-consensual sex with minor wife is rape: HC
2 months ago

Non-consensual sex with minor wife is rape: HC

Deccan Chronicle  

Mumbai: Non-consensual intercourse with a wife who is below 18 years of age constitutes the offence of rape, the Bombay High Court said while upholding the conviction of a man sentenced to 10 years for the crime. The Nagpur bench of Justice G A Sanap, in an order passed on November 12, dismissed the 24-year-old man's appeal challenging the 2021 judgment of a sessions court holding him guilty under the provisions of the Protection of Children from Sexual Offences Act and the Indian Penal Code for sexually assaulting his underage wife. The man, who was sentenced to 10 years in jail by the sessions court, claimed since the victim was his wife, their sexual relationship cannot be termed as rape. The high court, however, said the defence of consensual sex with the wife cannot be taken when the age of the wife is below 18 years.

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History of this topic

Consensual sex with minor wife is also rape: Bombay high court
2 months ago

Consensual sex with minor wife is also rape: Bombay high court

Hindustan Times  

A man's consensual sexual intercourse with his wife, if she is below the age of 18 years, can get him booked for the offence of rape, irrespective of the wife's consent, the Bombay high court said in a major ruling on November 12. Stating that the age of consent is above 18, HC said, "It needs to be stated that …

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court
Trending News
2 months ago

Even Consensual Sex With Minor Wife Is Rape: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court bench at Nagpur recently held that a man even if indulging in consensual sexual intercourse with his wife, who is below the age of 18 years, can be booked for the offence of rape, irrespective of the wife's consent. Single-judge Justice Govind Sanap while upholding the conviction of a man for raping …

Women who have consensual sex with men continue to abuse the laws to slap rape cases after the relationship ends
5 months, 2 weeks ago

Women who have consensual sex with men continue to abuse the laws to slap rape cases after the relationship ends

Op India  

On the 31st of July, the Bombay High Court quashed an FIR lodged in 2018 against a 73-year-old man who was accused of raping a woman on the false promise of marriage. Consensual sex between adults does not amount to rape: What the Supreme Court said in the Deepak Gulati vs. State of Haryana case In Deepak Gulati v. State …

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years
5 months, 4 weeks ago

'Consensual Relationship without Misconception of Fact': Kerala HC Quashes Rape Case Filed after 13 Years

News 18  

The Kerala High Court has quashed the criminal proceedings against a man accused of rape, in a case filed after 13 years of the alleged incident, concluding that the sexual intercourse was consensual and not based on any misconception of fact. The court observed that no formal complaint was filed until 2017, with the first alleged incident occurring 13 years …

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court
8 months, 1 week ago

Unnatural Sex By A Man With Wife Not Rape, Absence Of Woman's Consent Immaterial: MP High Court

Live Law  

Noting that 'Marital rape' has not been recognised as an offence in India, the Madhya Pradesh High Court has observed that any sexual intercourse, including unnatural sex by a man with a wife, won't amount to rape as the consent of the wife becomes immaterial in such cases. However, as per Exception 2 to Section 375 IPC, sexual intercourse between …

'Rape is rape even if committed by a husband against wife': Gujarat HC
1 year ago

'Rape is rape even if committed by a husband against wife': Gujarat HC

Op India  

Amid a series of pleas arguing for the criminalisation of marital rape pending before the Supreme Court, the Gujarat High Court in its recent order observed that rape is rape even if it is committed by a husband against his wife. In its 8th December order, a single-judge bench of Justice Divyesh Joshi highlighted that marital rape is illegal in …

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC
1 year, 1 month ago

Marital rape ‘no crime’ if wife is 18 or above: Allahabad HC

Hindustan Times  

While acquitting a man of the charges under section 377 of the Indian Penal Code for allegedly committing an “unnatural offence” against his wife, the Allahabad high court has observed that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more. While partly allowing a revision petition filed by …

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal
1 year, 4 months ago

Physical Relationship With Wife Aged About 15 Years Can’t Be Termed As Rape: Delhi High Court Upholds Muslim Man’s Acquittal

Live Law  

The Delhi High Court has upheld the acquittal of a Muslim man in a rape case observing that his physical relationship with the child victim aged about 15 years, who was also his wife, cannot be termed as rape. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld the trial court order which observed that …

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges
1 year, 5 months ago

Karnataka HC rebukes woman for alleging rape against man she dated for 6 years; man cleared of all charges

Firstpost  

Justice Nagaprasanna reasoned that given the extensive duration of the sexual relationship spanning six years, it cannot be construed as rape under Section 376 of the Indian Penal Code In a case shedding light on the misuse of laws, the Karnataka High Court has dismissed two criminal cases against a man from Bengaluru. The cases were brought by a woman …

HC Discharges 67-year-old Man from Rape Case Citing Consensual Relationship with Woman
1 year, 8 months ago

HC Discharges 67-year-old Man from Rape Case Citing Consensual Relationship with Woman

News 18  

The Bombay High Court has discharged a senior citizen from a 2015 rape case registered against him by a 61-year-old woman, noting that they were in a consensual relationship and the physical relations were not forced. The complainant in an FIR registered with the Pune police in 2015 had alleged that the man had forced physical relations with her on …

Sexual assault of wife can take form of rape: Supreme Court
2 years, 3 months ago

Sexual assault of wife can take form of rape: Supreme Court

The Hindu  

Sexual assault by a man of his wife can take the form of rape, the Supreme Court said in a significant judicial recognition of ‘marital rape’ on September 29. But the court also dealt with how married women, like single women, were exposed to sexual assault within the family and suffer forced pregnancies. Justice Chandrachud, who authored the judgment, said …

Changing the age of consent
2 years, 4 months ago

Changing the age of consent

The Hindu  

In August 2, in Rama @ Bande Rama v. State of Karnataka, the Karnataka High Court quashed criminal proceedings of rape and kidnapping under the Indian Penal Code, and penetrative and aggravated penetrative sexual assault under the Protection of Children from Sexual Offences Act, 2012, which had been initiated based on a complaint of a 17-year-old girl’s father against her …

Consensual sex on genuine promise of marriage not rape: Supreme Court
2 years, 5 months ago

Consensual sex on genuine promise of marriage not rape: Supreme Court

The Hindu  

The Supreme Court has held that it is not rape if consensual physical relationship was based on a genuine promise of marriage which could not be fulfilled. A Bench led by Justice Sanjay Kishan Kaul highlighted the distinction between "a false promise to marriage which is given on understanding by the maker that it will be broken and a breach …

Not Rape If Sexual Relationship Between Willing Partners Doesn’t End In Marriage: Kerala HC
2 years, 6 months ago

Not Rape If Sexual Relationship Between Willing Partners Doesn’t End In Marriage: Kerala HC

News 18  

Even if a sexual relationship between two willing partners does not culminate in marriage, it will still not amount to rape, in the absence of any factor that vitiates the consent for sex, said the Kerala high court while granting bail to Navaneeth N Nath, a Central Government Counsel. The court observed: “A sexual relationship between two willing adult partners …

Brutal act of sexual assault on wife by husband has to be termed rape: HC
2 years, 9 months ago

Brutal act of sexual assault on wife by husband has to be termed rape: HC

The Hindu  

A woman and man being equal under the Constitution of India cannot be made unequal through the exception to a husband from facing rape charge for forcing his wife to sexual acts sans her consent, the High Court of Karnataka observed on Wednesday. “A brutal act of sexual assault on the wife, against her consent, albeit by the husband, cannot …

Marriage exception in rape law an instrument of oppression, HC told
2 years, 11 months ago

Marriage exception in rape law an instrument of oppression, HC told

Hindustan Times  

The exception in Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape, must be viewed as an “instrument of oppression”, the amicus curiae informed the Delhi high court, which is hearing a batch of pleas seeking to criminalise marital rape. The exception in Section 375 …

'Forced sex with wife does not amount to rape': Chhattisgarh HC
3 years, 4 months ago

'Forced sex with wife does not amount to rape': Chhattisgarh HC

India TV News  

The Chhattisgarh High Court has discharged a 37-year-old man in a rape case filed against him by his wife after observing that sexual intercourse or any sexual act with a legally wedded wife is not rape even if done by force or against her wish. “Counsel for the applicants submits that the complainant and the applicant No.1 are legally wedded …

Sexual Intercourse Between Husband & Wife Not Rape, Even if by Force: Chhattisgarh HC
3 years, 4 months ago

Sexual Intercourse Between Husband & Wife Not Rape, Even if by Force: Chhattisgarh HC

News 18  

The Chhattisgarh High Court on Thursday acquitted a man of marital rape and ruled that sexual intercourse between legally wedded man and woman is not rape even if it is by force or against the wishes of the wife. The Chhattisgarh High Court held that “sexual intercourse or sexual act by a man with his wife, the wife not being …

"Surrender Can Never Be Construed as Consensual Acts of Sexual Intercourse".: Kerala HC Upholds Conviction Of A Rape Accused [Read Judgment]
4 years, 6 months ago

"Surrender Can Never Be Construed as Consensual Acts of Sexual Intercourse".: Kerala HC Upholds Conviction Of A Rape Accused [Read Judgment]

Live Law  

The Kerala High Court has observed that only those sexual intercourse which are welcomed could be construed as not violative of the rights of the victim, and accepted as consensual. In appeal, the accused contended that the evidence tendered by the victim girl would show beyond doubt that the sexual intercourse was consensual. "In other words, in a country like …

23-year-old woman raped by a man on the pretext of marriage
5 years, 4 months ago

23-year-old woman raped by a man on the pretext of marriage

Hindustan Times  

A 23-year-old woman from Jharkand was allegedly raped by a man multiple times on the pretext of marriage, the police said on Friday. A police officer privy to the investigation, requesting anonymity, said that the man and woman exchanged phone numbers and developed a cordial relationship. Police said the woman’s statement was recorded before a duty magistrate under Section 164 …

Consensual sex between live-in partners not rape if relationships doesn't culminate in marriage, says Supreme Court
6 years ago

Consensual sex between live-in partners not rape if relationships doesn't culminate in marriage, says Supreme Court

Firstpost  

Consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control, the Supreme Court has held. New Delhi: Consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control, the …

Consensual physical relationship between live-in partners not rape, says SC
6 years ago

Consensual physical relationship between live-in partners not rape, says SC

The Hindu  

Consensual physical relationship between live-in partners does not amount to rape in case the man fails to marry the woman due to circumstances beyond his control, the Supreme Court has held. The top court said this while quashing an FIR lodged by a Maharashtra-based nurse against a doctor, who were in a live-in relationship “for quite some time.” “Thus, there …

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