What was the conflict between IPC and POCSO Act?

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In a landmark judgement, the Supreme Court on October 11, 2017 criminalised sex with a minor wife aged between 15 and 18 years.
Till now sexual intercourse with a minor wife did not amount to rape if she was over 15 years of age.
This was in the Indian Penal Code as an exception to Section 375, which is the laws regarding rape.
This exception meant that the husband was not charged with rape even though child marriage is a crime.
This came into conflict with the 2012 Protection of Children from Sexual Offences (POCSO) Act that defines 'children' as those aged below 18.
In January 2017, Nobel prize winner Kailash Satyarthi, through his organisation Bachpan Bachao Andolan, appealed to the Supreme Court to clear the conflict between the IPC and the POCSO Act.
In its ruling, the apex court said the exception was arbitrary and was violative of the Constitution.




The exception violates the bodily integrity of a girl child, the court ruled.

The Supreme Court also asked the Centre and the states to take proactive steps to prohibit child marriages.
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