Question
A husband forces sexual intercourse upon his 20-year-old
wife against her will. Under Section 63 Exception 2, what is the legal position?Solution
Exception 2 states "Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape." This creates a marital rape exception, meaning sexual intercourse within marriage (where wife is 18+) cannot legally constitute rape under this provision, regardless of consent issues.
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