But, after the Delhi High Court declared some parts of the law unconstitutional on the issue, the age of consent for consensual homosexual sex was set at 18.
The age of consent is the minimum age at which an individual is considered legally old enough to consent to participation in sexual activity.
The previous position regarding homosexual couples is contained in s.118C which provides that a man who commits or suffers to commit buggery with a man under the age of 21 is liable on conviction on indictment to imprisonment for life.
A Public Interest Litigation filled by Independent Thought, an organization working on child rights law, was heard in the Supreme Court of India for declaring the exception allowing marital rape within prohibited child marriages as unconstitutional: Independent Thought vs. Lokur and Deepak Gupta read down Exception 2 to Section 375 of the Indian Penal Code (IPC) to hold that sexual intercourse by a man with his own wife if she is below 18 years of age would amount to rape.
The Section 377 of the Indian Penal Code, an old British-era law, bans "carnal intercourse against the order of nature".
According to Article 345 [s amended by Legislative Decree n.
7, 1985] The penalty of imprisonment for a term not exceeding twenty years will be the punishment for anyone who has sex with a woman who is more than 14, but has not yet reached the age of sixteen, with consent.
Prior to 2012 there was a presumption that a male minor under 14 could not consent to sexual intercourse under any circumstances.