Will it be rape?

what if he do with her consent?

With or without consent, consummation iwht a minor is rape.

S.375 (6) is clear on this.

The Sixth descripttion as mentioned under Section 375 IPC says:

"With or without her consent, when she is under sixteen years of age"

Further the exception to the Section 375 IPC provides that,

"Sexual intercourse by a man with his wife, the wife not being under fifteen years of age, is not rape"

Now the wife with whom the muslim husband wants to consumate the marriage is of 16 years of age. So first, the wife is not under 16, even she is not under 15 years as mentioned in the exception.

So the s*xual intercourse by muslim husband with his wife who is 16 yrs of age is not rape

I agreed with Mr. Panda but I heard of recent amendment of this section. please verify

Suchitra, what is the age of the muslim female for marriage?

Assumi Sir, according to Muslim personal law, a girl can marry after reaching puberty (around 14yrs of age). But Prohibition of Child Marriage Act says irrespective of religion the marriageable age for gilr is 18yrs. I dont know how courts will decide about the conflict between the two.

I think Assumi sir will answer Suchitra

if it is "without consent" then the age is immaterial and it would amount to rape.

if it is with consent then it would not amount to rape irrespective of wife or not as she is 16 years old

Offence of rape applies for all. But Muslim personal laws apply for marriage of Muslims. So, cohabitation may not be rape under Muslim law.