Sexual offences: age of consent: practice question

A Forensic Medicine question in the style of the NEET PG paper. Answer it first, then read why the right option is right and why each of the others is wrong.

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Forensic Medicine · Sexual offences: age of consent

Sample item

Consensual sexual intercourse takes place between an unmarried 22-year-old man and an unmarried 17-year-old girl. Under Indian law, how is this regarded?

ANot an offence, because she consentedBAn offence only if she complains within 24 hoursCAn offence, because the consent of a girl below 18 years is legally invalidDAn offence only if she sustained genital injury

Original practice item, not a recalled exam question. Nothing here is recorded.

The answer and the reasoning

C. An offence, because the consent of a girl below 18 years is legally invalid

In India a girl below 18 years cannot give valid consent to sexual intercourse, so it is treated as rape (and penetrative sexual assault under the POCSO Act) whether or not she consented. Injury and delay in complaint do not decide the matter.

Option by option

A. Not an offence, because she consented
Her apparent willingness is legally irrelevant at 17 years.
B. An offence only if she complains within 24 hours
No time limit of 24 hours applies to the offence, and delay does not remove it.
C. An offence, because the consent of a girl below 18 years is legally invalid (correct)
Consent below 18 years has no legal validity, so the act is an offence.
D. An offence only if she sustained genital injury
Injury is not required, as the offence lies in the age and the act of penetration.

Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.

Questions about this Forensic Medicine question

What is the answer to this Forensic Medicine question?

The best answer is C, An offence, because the consent of a girl below 18 years is legally invalid. In India a girl below 18 years cannot give valid consent to sexual intercourse, so it is treated as rape (and penetrative sexual assault under the POCSO Act) whether or not she consented.

Why is "Not an offence, because she consented" not the answer?

Her apparent willingness is legally irrelevant at 17 years.

Why is "An offence only if she complains within 24 hours" not the answer?

No time limit of 24 hours applies to the offence, and delay does not remove it.

Why is "An offence only if she sustained genital injury" not the answer?

Injury is not required, as the offence lies in the age and the act of penetration.

What concept does this question test?

It tests Sexual offences: age of consent in Forensic Medicine. Injury and delay in complaint do not decide the matter.

How hard is this question?

We tag it as an application question: it asks you to use a fact on a patient or a finding. The tag is our own editorial judgement, not an official difficulty rating, so read the reason for every option, not only the answer.

How should I study Sexual offences: age of consent?

Learn postmortem changes with their timelines, and toxicology as poison, sign, test and antidote. Then use the flashcards and the other Forensic Medicine questions on this site to test what stuck.

Is this a real NEET PG question?

No. It is an original practice item (editorial status: sample, version 1). NextPrep does not publish recalled or leaked questions, and independent faculty review of this item has not been completed yet, so confirm important facts in a standard textbook.