A has sexual intercourse with his own wife aged about 14 years with her consent. A committed :

All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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90.

A has sexual intercourse with his own wife aged about 14 years with her consent. A committed :

A: No offence

B: Offence of Rape

C: Intercourse with own wife is not Rape

D: As there was consent hence A cannot be held guilty for the offence rape

The answer is: B

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Explanation

The correct option is B: Offence of Rape.

According to Section 375 of the Indian Penal Code, sexual intercourse by a man with his own wife is not rape, except when the wife is under fifteen years of age. Therefore, A has committed the offence of rape by having sexual intercourse with his wife who is only fourteen years old, even though she consented to it. Consent is irrelevant in this case, as the law presumes that a girl below fifteen years of age is incapable of giving valid consent. A can be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine