Vishal Versus The State of Madhya Pradesh

Madhya Pradesh High Court (Single Judge)

MCRC, 17991 of 2021, Judgment Date: May 04, 2021

Law laid down - 

Exception 2 of Section 375 of IPC is irrational. Marriageable age in India is 18 years, giving consent for sexual intercourse is also 18 years.

Exception is inconsistent with the provisions of POCSO Act. Definition of “Child” as per Section 2(1)(d) is below 18 years.

The preamble also provides that “sexual exploitation and sexual abuse of children are heinous crimes and need to be effectively addressed” This is directly in conflict with Exception 2 of Section 375 of IPC.

Section 42-A of POCSO Act gives overriding effect on the other provision of any other law in force includes IPC.

Exception needs to be struck down, benefit cannot be given in bail.

Vishal Versus The State of Madhya Pradesh