NEW DELHI: The law in India on the permissible age for sex is 16 for girls, although courts are increasingly taking a somewhat liberal view on the issue. As it stands, the law says anyone having sex with a minor girl below the age of 16 years would face rape charges. The consent of the girl is immaterial (Section 375(e) of Indian Penal Code).
But recently, in two cases one in the Supreme Court and another in the Delhi High Court the judges said if a couple were in love, rape charges brought against the man by the parents of the minor girl would be an "unnecessary harassment" as the girl has fearlessly declared her love for her adult beau in court.
However, in such cases, the court's leniency is also contingent on the girl bordering the consent age of 16 years. The only exception is Manipur where the age of consent is 14.
There is no separate provision to punish paedophiles. In such cases, that often involve both minor girls and boys, Section 377 of the IPC defines "unnatural sex or sex against the nature (anal intercourse)" as an offense punishable with a maximum imprisonment of 10 years.
However, the SC has recently felt that the validity of Section 377 needed to be examined keeping in mind changing social dynamics.
Last month, the Delhi HC, which had dismissed an NGO's plea for declaring the section as unconstitutional, was asked by the apex court to re-visit the issue and hear parties in detail before arriving at a conclusion.
School children indulging in pre-marital sex may not face jail term as they would be excluded from any rigorous punishment under the provisions of a more liberal Juvenile Justice Act. However, they may face harassment of being kept on probation or sent to a remand home if the girl complains of sexual abuse. The provisions in the IPC on sexual offenses against minor girls are as follows.
Section 366A: Procuration of minor girl: Whoever, by any means whatsoever, induces any minor girl under the age of 18 years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to 10 years, and shall also be liable to fine.
Section 375(e): A man is said to commit "rape" who has sexual intercourse with a woman with or without her consent, when she is under 16 years of age. Explanation Penetration is sufficient to constitute the sexual intercourse necessary to the offense of rape. Exception Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.
For Union Territory of Manipur: (a) in clause(e) for the word "sixteen" substitute the word "fourteen"; and (b) in the Exception, for the word "fifteen" substitute the word "thirteen".
Source: TOI
But recently, in two cases one in the Supreme Court and another in the Delhi High Court the judges said if a couple were in love, rape charges brought against the man by the parents of the minor girl would be an "unnecessary harassment" as the girl has fearlessly declared her love for her adult beau in court.
However, in such cases, the court's leniency is also contingent on the girl bordering the consent age of 16 years. The only exception is Manipur where the age of consent is 14.
There is no separate provision to punish paedophiles. In such cases, that often involve both minor girls and boys, Section 377 of the IPC defines "unnatural sex or sex against the nature (anal intercourse)" as an offense punishable with a maximum imprisonment of 10 years.
However, the SC has recently felt that the validity of Section 377 needed to be examined keeping in mind changing social dynamics.
Last month, the Delhi HC, which had dismissed an NGO's plea for declaring the section as unconstitutional, was asked by the apex court to re-visit the issue and hear parties in detail before arriving at a conclusion.
School children indulging in pre-marital sex may not face jail term as they would be excluded from any rigorous punishment under the provisions of a more liberal Juvenile Justice Act. However, they may face harassment of being kept on probation or sent to a remand home if the girl complains of sexual abuse. The provisions in the IPC on sexual offenses against minor girls are as follows.
Section 366A: Procuration of minor girl: Whoever, by any means whatsoever, induces any minor girl under the age of 18 years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to 10 years, and shall also be liable to fine.
Section 375(e): A man is said to commit "rape" who has sexual intercourse with a woman with or without her consent, when she is under 16 years of age. Explanation Penetration is sufficient to constitute the sexual intercourse necessary to the offense of rape. Exception Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape.
For Union Territory of Manipur: (a) in clause(e) for the word "sixteen" substitute the word "fourteen"; and (b) in the Exception, for the word "fifteen" substitute the word "thirteen".
Source: TOI