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Youth Rights and Legal Revisions: Bharatiya Nyaya Sanhita



  Aug 16, 2023

Bharatiya Nyaya Sanhita (Bill), 2023 and Marital Sex Below the Age of 18 Years


Q: What does the Bharatiya Nyaya Sanhita (Bill), 2023 propose?

A: The Bharatiya Nyaya Sanhita (Bill), 2023 proposes to give statutory backing to the ruling that sex with a minor wife amounts to rape.
 

Q: What is Exception 2 to Clause 63 of the Bill?

A: Exception 2 to Clause 63 of the Bill states that sexual intercourse or sexual acts by a man with his own wife, who is not under 18 years of age, is not considered rape.
 

Q: How does the proposed provision differ from the current law?

A: The proposed provision in the Bharatiya Nyaya Sanhita differs from the current law (Exception 2 to Section 375 of the IPC) by changing the age requirement for a wife to be considered exempt from rape. The Bill sets the age at 18 years, while the current law sets it at 15 years.
 

Q: What is the purpose of changing the age requirement?

A: The change in the age requirement aims to discourage child marriages and close a legal loophole used by human traffickers who exploit marriage to rape and sell minor girls.
 

Q: What are the implications for Muslim men?

A: The proposed provision in the Bharatiya Nyaya Sanhita, which sets the age requirement at 18 years, may have penal consequences for Muslim men who marry girls below 18 years of age. It's essential to consider the variations in marriage age requirements under different personal laws


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