The Allahabad High Court has ruled that a man cannot be convicted for having sexual intercourse with his minor wife (above 15 years of age) before the Supreme Court’s 2017 judgment in Independent Thought v. Union of India. This ruling came while setting aside a 2007 conviction under Sections 363, 366, and 376 IPC. Justice Anil Kumar-X noted that the SC had read down Exception 2 to Section 375 IPC to raise the age of consent within marriage from 15 to 18 years, but applied it prospectively. The Court found no evidence of enticement or kidnapping, as the girl had willingly eloped and married the appellant in 2005. As physical relations occurred post-marriage, the Court ruled that no rape offence was made out. It also held that POCSO’s overriding effect was prospective. The conviction was therefore quashed. Unnatural Sex by Husband With Wife Without Her Consent Not Rape but Punishable Under Section 377: Allahabad High Court.

Sex With Wife Above 16 Before 2017 Not Rape: Allahabad HC

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