writ seeking a writ of habeas corpus, the
provision of Section 483 of the CrPC can not be invoked for
Patna High Court ... Supreme Court has held that exception 2 to
Section 375 of the IPC insofar as it relates to a girl child below
18 years
lawful guardian assumes significance.
21. Section 375 of the IPC defines `rape'. Section 375 of the
IPC, before expansive amendment in 2013, provided that ... intercourse with her - with
or without her consent - is rape. Exception 2 to Section 375 of the IPC
provided that sexual intercourse or sexual acts
XXXX XXXX XXXX
XXXX
(v) To read Exception 2 to Section 375 of the
IPC in a purposive manner to make it in consonance
with ... harmonize the system of laws relating to
children and require Exception 2 to Section 375 of the
IPC to now be meaningfully read
offence
under Section 376 of IPC is impermissible on
account of the exception (2) to the proviso to
Section 375 and contends that the said ... girls are at stake;
(ii) To strike down as unconstitutional
Exception 2 to Section 375 of the IPC - in the
present case this is also
girls are at stake; (ii) To strike down as unconstitutional Exception 2 to Section 375 IPC ? in the present case this is also ... decide; (iv) To bring the POCSO Act in consonance with Exception 2 to Section 375 IPC ? this is also not a viable option since
girls are at stake; (ii) To strike down as unconstitutional Exception 2 to Section 375 IPC -- in the present case this is also ... decide; (iv) To bring the POCSO Act in consonance with Exception 2 to Section 375 IPC -- this is also not a viable option since
though she is his wife.
Significantly, Exception 2 to Section 375 IPC states to the
effect that sexual intercourse and sexual acts with a wife ... another [(2017) 10 SCC 800], the
Supreme Court held that Exception 2 to Section 375 IPC must be
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then the case could be
covered by exception No.2 of Sec.375 of the IPC, which stipulates
that sexual intercourse or sexual acts said ... same
time it will be covered by the exception No.2 of Sec.375 of the IPC,
and therefore no offence will be made
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 ... harmonise the system of laws relating to children
and require Exception 2 to Section 375 IPC to now be
meaningfully read as: "Sexual intercourse
alleged by the prosecution. He further
contends that under exception 2 to Section 375 of
IPC, a sexual intercourse or sexual ... petitioner has drawn the
attention of this Court to exception 2 to Section
375 of IPC to contend that any sexual
