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The Law on Marital Rape in India

The law on Marital Rape in India is governed by Sections 375 (Rape), Section 375 read with Section 376 (Punishment for Rape), and Section 375 read with Section 376 and Section 376A (Intercourse by a man with his wife during separation) of the Indian Penal Code. This law was enacted in 1860, and amended several times thereafter from time to time by the Parliament of India and by state legislatures, which have the power to make certain types of state-specific laws and amendments to national laws, which become laws which are applicable only in particular states.

The "Exception" clause in section 375 (Rape) of the Indian Penal Code deals with spousal sexual intercourse with or without the consent of the wife, in case the wife is more than 15 years old. It reads as follows, "Exception.-Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape."

A fragment of Sub-section (1) of Section 376 (Punishment for Rape) deals with rape by a man of his wife who is between 12 and 15 years of age. This sub-section declares, "Whoever, except in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which case, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both".

Section 376A of the Indian Penal Code deals with "Intercourse by a man with his wife during separation". It declares, "Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine."

There is a discrepancy between the Hindu Marriage Act, the Special Marriage Act, laws relating to marriage between any religious combination of husband and wife (except marriage between a muslim man and a muslim woman, which is governed by the Muslim Marriage Act, and by judgments of the Supreme Court relating to this subject), and the Sections of the IPC dealing with marital rape. According to all these laws, the minimum age at which a woman can legally be married is 18 years. While the IPC sections dealing with rape, discuss wives as young as 12 years of age. The Prohibition of Child Marriage Act also prohibits marriage of girls younger than 18 years old. — Preceding unsigned comment added by 27.100.14.160 (talk • contribs) 10:20, January 6 2013 (UTC)‎

Last few edits

I have removed some changes by Mave12 for 2nd time because there is no need to add "reported incidents", it is WP:OR. None of us know the amount of unreported rapes so we have to state the amount of 'rapes' per source without adding the extraordinary meaning that has no source.

Section "Conviction" must be removed though, because it cannot be expanded and it has to be merged into some other section. "Conviction" and "arrested" are different words, we should not mention anything about the arrests that took place in United States. We can add though but only if we have got same kind of data about the rape in India. OccultZone (Talk • Contributions • Log) 09:51, 9 August 2014 (UTC)

How is it OR? The sources themselves say reported incidents. Your second objection is equally faulty.VictoriaGrayson (talk) 04:20, 11 August 2014 (UTC)

@VictoriaGrayson: "reported incidents" is WP:OR, if you are going to put this overweight on 'reported incidents' you will have to inform about unreported incidents too and it is not possible. In short we consider only those incidents to have been "incidents" that are actually reported. We don't make estimates or definitions in air. "Contrary to the myth that rural “Bharat” is safer than westernised India, of the 24,923 cases registered in 2012 by police," is not accurate, information has been noted in the article before. I am thinking to nominate this article for GA, for that we will have to avoid the WP:OR. OccultZone (Talk • Contributions • Log) 04:26, 11 August 2014 (UTC)

although i generally feel OccultZone is a bit hasty in reverting content, he has a point in this case. we cannot know what the unreported rate is, and any value given out by NGO's and others are just random estimates. i would however like to compromise and mention somewhere in the summary that the figures listed on this article are reported numbers with the caveat that the actual numbers cannot be estimated. Pvpoodle (talk) 11:41, 11 August 2014 (UTC)

Make sure you hold the same standards to every Misplaced Pages rape article, which I don't think is currently true.VictoriaGrayson (talk)

Reported ratio

I couldn't find a source that would compare the statistics with the ratio of reported cases with those of the US. I have added a source from niticentral regarding the "among lowest". Sankrant Sanu, the author of this article has written articles for multiple news websites. OccultZone (Talk • Contributions • Log) 05:11, 5 March 2015 (UTC)
Cite error: There are <ref group=Indian Penal Code> tags on this page, but the references will not show without a {{reflist|group=Indian Penal Code}} template (see the help page).

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