Forensic Medicine · Medical Jurisprudence and BNS/BNSS/BSA Sections

A 16-year-old girl is brought to a government hospital by her mother with a history of alleged rape by a neighbor. The doctor proceeds with medical examination. Under the Bharatiya Nyaya Sanhita (BNS) 2023, sexual intercourse with a girl below what age constitutes rape REGARDLESS of consent?

  • A 14 years
  • B 16 years
  • C 18 years
  • D 21 years
Correct answer: C. 18 years

Explanation

Under BNS Section 63 (replacing IPC Section 375), sexual intercourse with a girl below 18 years of age constitutes statutory rape, irrespective of consent. This is a significant change from earlier debates. The Protection of Children from Sexual Offences (POCSO) Act 2012 also sets the age of consent at 18 years. Indian exam convention uniformly follows the 18-year age for statutory rape under both BNS and POCSO.

Reference: Reddy K. S. Narayana - Essentials of Forensic Medicine and Toxicology, 37th ed.

High-yield for: NEET PGINI-CETNExTFMGEUSMLEPLABMRCP

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