Consensual Sex Between 17-Year-Old Girl and 22-Year-Old Male

Legal Analysis

Statutory Age of Consent - The legal age of consent for sexual activity in India is 18 years old Independent Thought VS Union of India - Supreme Court. - Prior to 1978, the age of consent was lower at 15 years old Independent Thought VS Union of India - Supreme Court. - However, the Prohibition of Child Marriage Act 2006 set the minimum age of marriage at 18 for girls, making sexual activity with a girl under 18 illegal Independent Thought VS Union of India - Supreme Court.

Marital Rape Exception - Under Section 375 Exception 2 of the Indian Penal Code, sexual intercourse by a man with his own wife who is not under 18 years of age is not considered rape Independent Thought VS Union of India - Supreme Court. - This exception has been criticized as creating an artificial distinction between married and unmarried girls under 18, depriving married girls of their human and fundamental rights Independent Thought VS Union of India - Supreme Court. - The courts have held that this exception is arbitrary, discriminatory, and violates Articles 14, 15, and 21 of the Constitution Independent Thought VS Union of India - Supreme Court.

Applicability of POCSO Act - The Protection of Children from Sexual Offences (POCSO) Act 2012 defines any sexual activity with a person under 18 as a criminal offense, regardless of consent or marital status Independent Thought VS Union of India - Supreme Court. - Under POCSO, sexual intercourse with a girl child between 15-18 years old would constitute the offense of aggravated penetrative sexual assault Independent Thought VS Union of India - Supreme Court. - The POCSO Act, being a special statute, would prevail over the exception in the Indian Penal Code Independent Thought VS Union of India - Supreme Court.

Conclusion and Recommendations - Based on the current legal framework, consensual sex between a 17-year-old girl and a 22-year-old male would likely be considered a criminal offense under the POCSO Act, despite the marital rape exception in the Indian Penal Code. - The courts have strongly criticized this exception as being unconstitutional and have called for it to be read down or struck down. - Going forward, the law should be interpreted and applied in a manner that fully protects the human rights and bodily integrity of girl children, regardless of their marital status.