LANDMARK CASE
Independent Thought v. Union of India
(2017) 10 SCC 800 · Supreme Court of India · Criminal law
At a glance
- Citation: (2017) 10 SCC 800
- Court: Supreme Court of India
- Area of law: Criminal law
- In one line: No. The exception was read down: intercourse with a wife below 18 is rape.
1 Facts
An exception in rape law allowed intercourse by a man with his wife aged 15 to 18.
2 Issue
Is that exception constitutional?
3 What the court decided
No. The exception was read down: intercourse with a wife below 18 is rape.
4 Why it matters
It harmonised rape law with POCSO.
5 Think about it
How does this connect to the marital rape debate?
6 Analyse it yourself
Read the full judgment from an official source or a law database, then brief it in seven steps: facts, issues, arguments, decision, ratio, obiter and significance. Always check the citation before you rely on it.
7 More cases on Criminal law
- Abhayanand Mishra v. State of Bihar AIR 1961 SC 1698
- Amish Devgan v. Union of India (2021) 1 SCC 1
- Bachan Singh v. State of Punjab (1980) 2 SCC 684
- Balwant Singh v. State of Punjab (1995) 3 SCC 214
- Barendra Kumar Ghosh v. Emperor AIR 1925 PC 1
- Basdev v. State of PEPSU AIR 1956 SC 488
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