Bombay High Court Rules Sexual Intercourse with Minor Wife Constitutes Rape, Upholds Conviction

In a landmark ruling, the Nagpur bench of the Bombay High Court has clarified that sexual intercourse with a wife under the age of 18, even if consensual, is considered rape. The court upheld a lower court’s decision sentencing the convict to 10 years of rigorous imprisonment, affirming the Supreme Court’s earlier stance in the Independent Thought vs Union of India case. Justice Govinda Sanap, delivering the verdict, emphasized that the exceptions for marital rape in the Indian Penal Code (IPC) do not apply to minors. “Sexual intercourse with a girl below 18 is rape, regardless of marital status,” he stated.

The case, which dates back to 2019, involves a minor victim who had been in a relationship with the accused for three to four years. The victim, originally from Wardha, had consistently rejected the man’s advances. However, after facing financial difficulties, she moved to another town for work, where the man followed her, offering rides to and from her workplace. Gaining her trust, he eventually coerced her into a sexual relationship by falsely promising marriage. This led to her pregnancy.

In a desperate attempt to legitimize the relationship, the accused arranged a hasty, makeshift marriage ceremony in a rented room, attended only by a few neighbors. The victim later described the ceremony as a sham, with no legal validity or formal marriage formalities. Subsequently, the man pressured her to have an abortion, denied responsibility for the pregnancy, and accused her of infidelity. Left with no option, the victim reported the incident to the Wardha police, leading to his prosecution.

The court’s decision underscores the legal recognition of minors as incapable of consenting to sexual activity in marriage, strengthening the legal protections against child marriage and sexual exploitation.