The offence of “rape” under Section 375 of the Penal Code (the “Code”) means the non-consensual penetration by a man, using his penis, of a woman’s vagina. Section 375(4) provides that, except in limited circumstances inapplicable to the majority of married women, this act will not amount to rape, if the perpetrator and the victim are married to each other. Similarly, Section 376A creates the offence of “sexual penetration of a minor under 16”, and Section 376A(5) provides (subject to the same limitations) that this offence will not be committed where a man uses his penis to penetrate a girl under the age of 16, if the perpetrator and victim are married to each other.
