Bombay High Court's Landmark Ruling: Underage Marriage and Consent

The Bombay High Court affirmed a 10-year sentence for a man convicted of raping his underage wife, dismissing his appeal. The court ruled that intercourse with a girl under 18, even if married, constitutes rape under Indian law, underscoring protections for minors under the POCSO Act.


Devdiscourse News Desk | Mumbai | Updated: 15-11-2024 13:41 IST | Created: 15-11-2024 13:41 IST
Bombay High Court's Landmark Ruling: Underage Marriage and Consent
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In a significant legal development, the Bombay High Court has upheld the conviction of a man sentenced to 10 years in prison for raping his underage wife. The court clarified that non-consensual intercourse with a wife below 18 years of age constitutes rape according to Indian law.

The Nagpur bench rejected the 24-year-old's appeal challenging his 2021 conviction under the Protection of Children from Sexual Offences Act and the Indian Penal Code. The man contended his relationship could not be deemed rape as it involved his wife.

The court, referencing documentary evidence, confirmed the victim was a minor during the incident in 2019. Despite the man's claims of innocence and consensuality, the high court stood firm in its ruling, emphasizing legal provisions protecting minors.

(With inputs from agencies.)

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