A 17-year-old girl engages in consensual sexual intercourse with her 19-year-old boyfriend. Her father files a complaint. Under the POCSO Act 2012 and the Bharatiya Nyaya Sanhita 2023, the legal position is that:
- A No offence is committed because the girl consented
- B The act constitutes rape because the statutory age of consent in India is 18 years ✓
- C No offence is committed because both are minors close in age
- D The act constitutes rape only if pregnancy results
Correct answer: B. The act constitutes rape because the statutory age of consent in India is 18 years
Explanation
In India the age of consent for all purposes is 18 years. Sexual intercourse with a person below 18 is statutory rape regardless of apparent consent, so a consenting 17-year-old partner does not legalise the act under either POCSO 2012 or BNS 2023. Option A fails because consent below 18 is legally irrelevant. Option C is wrong because India has no close-in-age exemption of the type seen in some Western statutes.
Reference: Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, 7th ed.
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