Indian Penal Code 1860, as amended by the Criminal Law (Amendment) Act No. 13 of 2013

  • Country: India
  • Law status: Discriminatory law in force
  • Law Type: Rape

Section 375 of the Indian Penal Code of 1860 allows a man to rape his wife if she is over 15 years of age.

Section 375. A man is said to commit “rape” if he (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman . . . under the circumstances falling under any of the following seven descriptions . . . Sixthly. –With or without her consent, when she is under eighteen years of age.

Exception 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

Link to full law

Note:

In 2005, India passed The Protection of Women from Domestic Violence Act No. 43 which provides for women to access various civil remedies for domestic violence including sexual abuse. However, there are no criminal penalties for marital rape when a wife is over 15 years old.

Article 14 of the Constitution of India: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Contact Information:

Prime Minister Narendra Modi
South Block, Raisina Hill,
New Delhi-110011
INDIA
Tel: +91 11 23 01 2312
Fax: +1 212 490 9656 (Mission to the UN in New York)
Email: india@un.int; indiaun@prodigy.net (Mission to the UN in New York)
Twitter: @narendramodi
Facebook: www.facebook.com/narendramodi

Section 375. A man is said to commit “rape” if he (a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman . . . under the circumstances falling under any of the following seven descriptions . . . Sixthly. –With or without her consent, when she is under eighteen years of age.

Exception 2. Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.

English
Law explanation: 

Section 375 of the Indian Penal Code of 1860 allows a man to rape his wife if she is over 15 years of age.

Note: 

In 2005, India passed The Protection of Women from Domestic Violence Act No. 43 which provides for women to access various civil remedies for domestic violence including sexual abuse. However, there are no criminal penalties for marital rape when a wife is over 15 years old.

Article 14 of the Constitution of India: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Contact Infomation: 

Prime Minister Narendra Modi
South Block, Raisina Hill,
New Delhi-110011
INDIA
Tel: +91 11 23 01 2312
Fax: +1 212 490 9656 (Mission to the UN in New York)
Email: india@un.int; indiaun@prodigy.net (Mission to the UN in New York)
Twitter: @narendramodi
Facebook: www.facebook.com/narendramodi

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