The term age of consent will have appeared in the legal statutes. The law has established to indicate that the age below which it is illegal to engage in sexual activity with that person. But it is considered to be the minimum age for the marriage. It can also be confused with the age of majority, the age of criminal responsibility, the voting age, the drinking age and the driving age. But it is not correct. The age of consent will always be the age in which a person can be engaged in the sexual activity.
The Age of Consent in India is 18 years old. The age of consent denoted in India is the minimum age in which an individual is considered legally old enough to participate in the sexual activity. Individuals who are aged 17 or those who are aged below 17 will not legally able to consent to do the sexual activity. Such act will be treated to be a statutory rape or any other equivalent local law.
The statutory rape law is violated when an individual has engaged in the sexual contact with a person who is under 18 years of age. If the couple is married, then the age of consent for lowers may be 15.
We can find a certain exception in the clause as stated in Section 375 of the Indian Penal Code. The section states that the sexual acts by a man with his own wife, even though the wife is not being under fifteen years of age is not treated to be sexual assault.
Section 375 in The Indian Penal Code
1[375. Rape.—A man is said to commit “rape” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following des c r i p tions:—
(First) — Against her will.
(Secondly) —Without her consent.
(Thirdly) — With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
(Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
(Fifthly) — With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
(Sixthly) — With or without her consent, when she is under sixteen years of age. Explanation.—Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
(Exception) —Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.] STATE AMENDMENT
(Manipur) —(a) in clause sixthly, for the word “sixteen” substitute the word “fourteen”; and
(b) in the Exception, for the word “fifteen” substitute the word “thirteen”. [Vide Act 30 of 1950, sec. 3 (w.e.f. 16-4-1950) (made earlier than Act 43 of 1983)]. COMMENTS Absence of injury on male organ of accused Where a prosecutrix is a minor girl suffering from pain due to ruptured hymen and bleeding vagina depicts same, minor contradictions in her statements they are not of much value, also absence of any injury on male organ of accused is no valid ground for innocence of accused, conviction under section 375 I.P.C. proper; Mohd. Zuber Noor Mohammed Changwadia v. State of Gujarat, 1999 Cr LJ 3419 (Guj). Penetration Mere absence of spermatozoa cannot cast a doubt on the correctness of the prosecution case; Prithi Chand v. State of Himachal Pradesh, (1989) Cr LJ 841: AIR 1989 SC 702.
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