Multiple choice

Fact: A, a 15 year old girl, having been rebuked by her mother leaves her house. At railways station she met the accused who takes her to his house. He provides her clothes, money and ornaments at his house and has sexual intercourse with the girl with her consent. Issue: What offence, if any, has been committed?

  1. The mother is accused of maltreatment.

  2. The accused is guilty of rape because sexual intercourse with a women with or without her consent when she is under 16 years amount to rape. [section 375 , cl. (vi)].

  3. The accused is not guilty.
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

Under Section 375 clause (vi) IPC, sexual intercourse with a woman under 16 years of age constitutes rape regardless of her consent. Since the girl was 15 years old, the accused is guilty of statutory rape even though she consented. The law recognizes that a minor below 16 cannot give valid consent.

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