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
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
wherein the Hon'ble Supreme Court
held that, the exception 2 to Section 375 of the Indian Penal
Code insofar as it relates ... 2022 06:50:11 :::
aba118.22
15
said Exception to Section 375 of the IPC was rather modified and
instead
wherein the Hon'ble Supreme Court
held that, the exception 2 to Section 375 of the Indian Penal
Code insofar as it relates ... 2022 06:50:06 :::
aba118.22
15
said Exception to Section 375 of the IPC was rather modified and
instead
Exception he cannot be considered to be innocent.
12. The Supreme Court had an occasion to consider the
provisions of Exception 2 of Section 375 ... Exception is arbitrary and needs to be struck down.
The Supreme Court in the said case has held as under :-
Exception 2 to Section 375
