Question 1 · Medium
A 17-year-old girl in Rajasthan, married a year ago, is brought by her mother, who says the husband forces intercourse on the girl against her will. The girl confirms this. How is the husband's act classified under the Bharatiya Nyaya Sanhita?
- ARape, as the wife is under 18 years
- BNot rape, as they are married
- CRape only if there are physical injuries
- DOnly cruelty, not a sexual offence
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Answer: A · Rape, as the wife is under 18 years
The BNS exception for sexual intercourse by a man with his own wife applies only when the wife is not under 18 years, so intercourse with a wife below 18 is rape whether or not she consents. This brings the BNS in line with the Supreme Court's 2017 ruling and with POCSO, under which any sexual act with a person below 18 is an offence. The doctor examines and treats her, informs the police as required for a child, and involves child protection services. Absence of injuries does not mean absence of rape.
- B: The marital exception does not apply when the wife is below 18.
- C: Injuries are not needed to prove rape; many survivors have none.
- D: Forced intercourse with a minor wife is rape, not merely cruelty.