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Marital Rape Exception

Definition

Exception 2 to BNS 2023 Section 63 (carrying forward IPC 375 Exception 2): intercourse by a man with his own wife not under 18 is not rape. Read down to wife not under 18 by Independent Thought (2017).

Related terms

Consent
Under BNS 2023 Explanation 2 to Section 63, unequivocal voluntary agreement by words, gestures or any verbal or non-verbal communication. Absence of...
Fast-Track Court
Designated court (often Fast Track Special Court, FTSC) set up under the 2019 scheme to dispose POCSO and rape cases within stipulated...
MoH&FW Protocol 2014
Ministry of Health and Family Welfare Guidelines and Protocols for Medico-legal Care for Survivors and Victims of Sexual Violence, 2014. Standardised history,...
Penetration
Even slight penetration of the vagina, mouth, urethra or anus by the penis, any body part, or any object is sufficient to...
POCSO 2012
The Protection of Children from Sexual Offences Act 2012 (India); establishes criminal liability for child sexual abuse but does not mandate sex-offender...
Rape (BNS 2023 Section 63)
Sexual intercourse or specified penetrative acts by a man with a woman without her consent, against her will, by coercion, by misrepresentation,...
Sexual Assault (POCSO)
Under POCSO 2012, any non-penetrative sexual touch of a child with sexual intent. Aggravated sexual assault attracts higher punishment when committed by...
Statutory Rape
Sexual intercourse with a person below the age of consent (18 in India), regardless of consent. The minor's consent is legally irrelevant.
Two-Finger Test
Discredited per-vaginal examination once used to comment on habituation to intercourse. Banned by the Supreme Court in Lillu @ Rajesh v State...

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