Indian penal code, rape

Adv:Nikhilesh (Querist) 27 December 2012 This query is : Resolved
Whether the forceful intercource/ sexual intercource with out the concent of the wife, is treated as rape in india?
Whether any decisions of appex court is available in that aspect?

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R.K Nanda (Expert) 27 December 2012
search indiankanoon.com

Devajyoti Barman (Expert) 27 December 2012
try searching on the point of marital rape.

ajay sethi (Expert) 27 December 2012
no it is not rape . read IPC section 375

Raj Kumar Makkad (Expert) 02 January 2013
Forceful intercourse without the consent of wife also comes within the range of 376 so the same is also punishable accordingly.

Arun Kumar Bhagat (Expert) 20 January 2013
I too agree with makkad but with little correction i.e. if the wife is not over 15 years of age.

Raj Kumar Makkad (Expert) 20 January 2013
I accept the correction which was left to be added.

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