The courts even sentence boys who may have had the sex when he was below 18 with a girl between 16 to 18. This change in the section has been put in by the NC Committee as the courts have interpreted the 2011 Amendment of ‘However, consensual sex between children of sixteen years and above shall not be deemed to be rape,’ in a very conservative manner. However, if the sexual intercourse between children of sixteen to eighteen years was consensual when it occurred, it shall not be considered to be rape thereafter even if one of the children has become an adult when a complaint is lodged.” ![]() The NC’s Legislative Committee has proposed to change this to, “A defendant shall be guilty of the offence of a rape of a child above the age of 12 years if the defendant commits any act of sexual intercourse against a child between the ages of 12 to eighteen years. However, consensual sex between children of sixteen years and above shall not be deemed to be rape.” The proposal is to prevent the criminalizing young boys who may have had sex with a girl between 16 to 18 and made her pregnant when the boy himself is 16 to 18 years old.Ĭurrently the court anyhow locks up a boy after he turns 18 plus once a case is filed by the pregnant girl’s parents even though the boy had the sexual relations when he was below 18.Ĭurrently section 183 of the Penal Code on rape of a child above 12 year of age says, “A defendant shall be guilty of the offence of a rape of a child above the age of 12 years if the defendant commits any act of sexual intercourse against a child between the ages of 12 to eighteen years. The National Council in its deliberation of the Penal Code Amendment Bill on 17th and 20th January saw an interesting proposal from the NC Legislative Committee on the age of consent.
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