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