Sexual intercourse with Consent of Minor Girl | [A performs sexual intercourse with a woman namely B aged 15 years, with her consent. A is prosecuted for the offence of rape defined under Section 375, I.P.C…  Will A succeed in his defence?

Question: Sexual intercourse with Consent of Minor Girl | A performs sexual intercourse with a woman namely B aged 15 years, with her consent. A is prosecuted for the offence of rape defined under Section 375, I.P.C.

During the trial, A takes the defence that he is not guilty of rape, as he performed sexual intercourse with B with her consent and not without her consent. Will A succeed in his defence? Give reasons and also refer to the relevant provision in this regard.

Find the answer to the mains question only on Legal Bites. Sexual intercourse with Consent of Minor Girl | [A performs sexual intercourse with a woman namely B aged 15 years, with her consent. A is prosecuted for the offence of rape defined under Section 375, I.P.C… Will A succeed in his defence? Give reasons and also refer to the relevant provision in this regard.]

Answer

In law, it is believed that minors are incapable of giving consent so the person should have attained the age of majority for even having consensual sex. As in the present case at hand, if A and B are in a sexual relationship where B is a minor girl aged 15 years, though the sexual activity is consensual, it would still amount to the offence of rape.

As per section 375, IPC: A man is said to commit rape if he;—

1. penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her do so with him or any other person; or
2. inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her do so with him or any other person; or
3. manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of the body of such woman or makes her do so with him or any other person; or
4. applies his mouth to the vagina, anus, urethra of a woman or makes her do so with him or any other person

Clause Sixthly to section 375.—With or without her consent, when she is under eighteen years of age.

Clause (6) provides that sexual intercourse with a woman under eighteen years of age will amount to rape, whether it is done with or without her consent. This is because the consent of a minor is no consent. In Iqbal v. State of Kerala (2007) 12 SCC 724 it was held that once it is proved that the girl was below eighteen years of age, the question of her consent becomes wholly irrelevant and sexual intercourse with her amounts to rape irrespective of her consent.

Therefore, A in the present case will not succeed in his defence that he had consensual sex with B aged 15 years because such consent of a minor is immaterial by virtue of section 375, clause sixthly.

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