rape minor wife

ARVIND JAIN (Querist) 18 September 2008 This query is : Resolved
what is period of limitation for filing a criminal complaint by a minor wife of 11years against his husband for Rape under section 376 IPC?

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sanjay kumar patibandla (Expert) 18 September 2008
In my view no bar of limitation for it. Offenses which can be punishable more than 7 years can made complaint at any time. no limitation for it.

SANJAY DIXIT (Expert) 18 September 2008
Yes, Sanjay is abs. RIGHT.
No bar of limitation in the present case. BUT if the minor wife is more than 12 years then the limitation should be 2 years.

Guest (Expert) 19 September 2008
What is the age of the husband? That also matters, if he is juvline what happens.(under 16 years of age at the time of commission of the offence.)

ARVIND JAIN (Querist) 19 September 2008
kindly see section 468 and 198(6)of Cr.P.C.and than reply again.section 198(6) says " No court shall take cognizance of an offence under section 376 of the Indian Penal Code (45 of 1860), where such offence consists of sexual inter-course by a man with his own wife, the wife being under fifteen years of age, if more than one year has elapsed from the date of the commission of the offence.
of Cr.P.C." Kindly keep this question open.

Adv.Shine Thomas (Expert) 19 September 2008
Sec.375(6) IPC provides that with or without her consent,when she is under 16 years of age,is a rape.CrPC(s.198) provides that the husband cannot be prosecuted after the lapse of one year.

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