Legal Position On Marital Rape & Minor Consent In India: Know More

Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.

In India, marital rape is not considered a criminal offense, and the legal age of consent is 18 years. However, cases of marital rape and sexual abuse of minors continue to be reported in the country. This article explores the legal position on marital rape and minors' consent in India, as well as how to report cases of rape.

Marital Rape and Minor's Consent in India

Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.

Indian law does not criminalise marital rape. The law does not punish a husband for having forcible sexual intercourse with his wife without her consent unless she is below eighteen years of age (a minor).

So, any sexual intercourse or sexual acts by a man with his adult wife is not legally considered rape. However, this does not apply if a woman is living separately from her husband. If a couple is married, but living separately, then the husband is guilty of rape if his wife does not consent to sexual intercourse. In this case, the punishment for the husband is imprisonment between two and seven years, along with a fine.

Though the law does not punish marital rape, a woman can get relief under the Domestic Violence Act, of 2005. This law criminalises sexual abuse, including any behaviour of a sexual nature that abuses, humiliates, degrades, or violates the dignity of a woman.3 To know more about a woman's rights against domestic violence, read here.

Can a minor give consent?

Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.

Sex with a girl who is below eighteen years of age (a minor) is considered rape, even if the girl consents to have sex. For example, if a man has sex with a seventeen-year-old girl, it is considered rape, even if the girl agrees to have sex with him.

How to report a case of rape

To report a case of rape, the survivor should file a First Information Report (FIR) with the police. They can do this by visiting the nearest police station, calling the Women's Helpline Number (1091), or downloading the 'Indian Police at your Call' app to locate the nearest police station. The survivor can ask a friend or a lawyer to help file the FIR, and a woman officer will record the information. If the survivor is physically or mentally disabled, the police can take the complaint from her residence. It is okay if the survivor does not remember all the details. Once the FIR is signed, a copy can be obtained for free and additional information can be provided later. One Stop Centres also provide a range of services to women affected by violence, including medical aid, police assistance, legal aid, psycho-social counseling, and temporary support services.

Punishment for Rape

If someone has been previously held guilty of the crime of rape/gang rape, and they are subsequently held guilty of rape/gang rape again, they are punishable with life imprisonment (imprisonment for the remainder of that person’s natural life) or death.

In India, marital rape is still not criminalized, and minors cannot give valid consent for sexual activity. Raising awareness about these issues and improving the legal framework to protect vulnerable individuals is important.

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