girl between 15 and 18 years of age is rape? Exception 2 to Section 375 of
the Indian Penal Code, 1860 (the IPC ) answers this ... below 18 years of age. Unfortunately, by virtue
of Exception 2 to Section 375 of the IPC, if a girl child between
Section 375 IPC) or aggravated penetrative sexual assault [an offence under Section 5(n) of thePocso Act and punishable under Section 6 of the Pocso ... criminal offence in the terms of Exception 2 to Section 375 IPC but is an offence under the PocsoAct only. An anomalous state of affairs
note, Court would like to reproduce hereunder:
"Per Lokur, J.
Section 375 Exception 2 IPC
The issue before the Court in this case ... Sections 3 and 5 of the Pocso
Act. What has been done is only to read down Exception 2 to
Section 375 IPC to bring
note, Court would like to reproduce hereunder:
"Per Lokur, J.
Section 375 Exception 2 IPC
The issue before the Court in this case ... Sections 3 and 5 of the Pocso
Act. What has been done is only to read down Exception 2 to
Section 375 IPC to bring
section. Some of these offences would also be termed as
unnatural offences under Section 377 of IPC. Section 375 of IPC provides for
Exception ... Section 375 IPC cannot be an offence under
Section 377 IPC (two consenting adults for acts in
private, as specified under Section 375 IPC).
Exception
contend that the Hon'ble Supreme Court while
interpreting Exception 2 to Section 375 IPC, has held that the
aforesaid exception shall be read ... Prohibition of Child
Marriage Act, 2006 .
31 While discussing exception 2 to Section 375 IPC,
it was observed that the Union of India cannot
wherein the Hon'ble Supreme Court
held that, the exception 2 to Section 375 of the Indian Penal
Code insofar as it relates ... Apex Court and therefore, the
said Exception to Section 375 of the IPC was rather modified and
instead of age 15 it was replaced
rape by accused upon the
prosecutrix. It is argued that Exception to section 375 IPC
exonerates the accused, the husband of the prosecutrix ... married the prosecutrix and is entitled to benefit of
Exception to section 375 which defines rape.
As regards the age of the prosecutrix normally
INDIAN
PENAL CODE
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7. Section 375 shall be replaced as suggested below:
Section 375: Rape
375. A man is said to commit rape ... Section 375 IPC
cannot be an offence under Section 377 IPC (two
consenting adults for acts in private, as specified under
Section 375 IPC). Exception
defined under section 375 IPC"
22. Even, the primary argument of the learned counsel for the
petitioner was that when Section 375 IPC defines ... Exception is commonly referred to as the marital rape exception under
Indian law. Because Section 376 IPC punishes rape as defined in Section
375, where
