Originally posted by: poo_supi
Thanks cool purvi for sharing with us.
the Criminal Procedure Code states that 'it is rape if the girl is not the wife of the man involved and is below 16!' Which means that if the girl is not the wife of the man involved and is below 16, it is rape even if she consents. Whereas if she is a wife and below 15 years of age, it is not rape even if she does not consent.
It is really sickening. The whole trauma only goes through the females. There are no laws for this.
Nop if wife's age is 15 or more then its not rape but if she's below 15 then its rape even if she gives consent.
Normally punishment for rape is minimum 7 years imprisonment but if a man commits rape on his wife who is below 12 years then minimum punishment is 10 yrs imprisonment (376 IPC)
Only two groups of married women are covered by the rape legislation — those being under 15 years of age and those who are separated from their husbands. While the rape of a girl below 12 years of age may be punished with rigorous imprisonment for a period of 10 years or more, the rape of a girl under 15 years of age carries a lesser sentence if the rapist is married to the victim. Some progress towards criminalizing domestic violence against the wife took place in 1983 when Section 376-A was added in the Indian Penal Code, 1860, which criminalized the rape of a judicially separated wife.
Many women's organizations and the National Commission for Women have been demanding the deletion of the exception clause in Section 375 of the Indian Penal Code which states that "
sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape".
Edited by coolpurvi - 17 years ago