Court: Supreme Court of India · Date: 11 October 2017 · Citation: (2017) 10 SCC 800
Case
Independent Thought v. Union of India
Facts
Challenge to the marital-rape exception insofar as it covered girls below 18.
Legal issues
Exception to rape for sexual intercourse with a minor wife.
Law / provisions
IPC rape provisions; POCSO; child-rights constitutional values.
Holding
Exception read down — sexual intercourse with a wife below 18 is rape; child protection prevails over the archaic exception.
Key takeaways
- Child marriage does not legalise sexual violence against minors.
- POCSO / child-protection policy informs IPC exceptions.
- Distinct from the adult marital-rape constitutional debate.
Significance
Critical child-protection holding inside criminal family law.
Primary source
https://indiankanoon.org/doc/87705010/
Verify the operative paragraphs on the court / reportable text. Indian Kanoon and similar mirrors are research aids, not certified copies.
Education desk note — Advocate Adesh Kumar — advadeshkumar.com
Educational content only. Not legal advice. Not solicitation. Not an official certified copy.