Question
Sexual intercourse with a girl, despite the fact that the girl might have agreed to engage in the sexual activity, is considered as rape below which of the following age?
| A. |
< 18 yrs |
| B. |
< 16 yrs |
| C. |
< 25 yrs and in police custody |
| D. |
< 17 yrs |
Show Answer
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Correct Answer » A Explanation |
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In India, sexual intercourse with a girl, regardless of whether she consented to the activity, is considered statutory rape if she is below the age of 18 years.
- Age of Consent: The Protection of Children from Sexual Offences (POCSO) Act, 2012, defines a child as any person under 18 years, making all sexual activity with a minor legally treated as rape, irrespective of consent.
- Legal Position: This 18-year threshold was strengthened by the Criminal Law (Amendment) Act, 2013, which amended Section 375 of the Indian Penal Code (now incorporated into the Bharatiya Nyaya Sanhita, 2023).
- Consent Validity: The law presumes that a girl below 18 years cannot give valid, informed consent.