A 19-year-old man has consensual sexual intercourse

Q: Answer- A 19-year-old man has consensual sexual intercourse with his 17-year-old girlfriend who willingly p...

Section 63vi clearly states with or without her consent, when she is under eighteen years of age. This creates an irrebuttable presumption that anyone under 18 cannot give valid consent to sexual activity. The consent of a minor is legally irrelevant, making this rape regardless of willingness or circumstances.

with his 17-year-old girlfriend who willingly participates. Under Section 63(vi), what is the legal position?

A Not rape because both are teenagers and she consented Correct Answer Incorrect Answer

B Not rape because the age difference is minimal Correct Answer Incorrect Answer

C Rape because she is under eighteen years of age Correct Answer Incorrect Answer

D Not rape if they are in a committed relationship Correct Answer Incorrect Answer

E Rape only if her parents file a complaint Correct Answer Incorrect Answer

Solution

Section 63(vi) clearly states "with or without her consent, when she is under eighteen years of age." This creates an irrebuttable presumption that anyone under 18 cannot give valid consent to sexual activity. The consent of a minor is legally irrelevant, making this rape regardless of willingness or circumstances.

Practice Next

Relevant for Exams:

CBI APP and PP

Thank You for posting your query. Please check your email for further guidance

Please Register/Login to Download Question