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December 16, Saturday 2017 4:53 AM       

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       Sex with wife aged under-18 year amounts to rape: SC
 
         Posted on :11:42:48 Oct 11, 2017
   
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       Last edited on:23:53:19 Oct 11, 2017
         Tags: Sex with wife u-18 year amounts to rape: SC
 

NEW DELHI: The Supreme Court on Wednesday struck down the provision of criminal law that permitted sex by a husband with his minor wife between the ages of 15 to 18 years in a child marriage case.

Section 375 of the Indian Panel Code made an exception on the question of sex with minor wife by the husband in child marriage cases.

A bench of Justice Madan B Lokur and Justice Deepak Gupta -- in separate but concurring judgements -- said the exception was "arbitrary, discriminatory and capricious."

Justice Lokur said the exception has no rational nexus with the objective sought to be achieved by the different statutes.

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