History

Age of Consent Act, 1891

Also: Age of Consent Act, Criminal Law Amendment Act 1891

Definition

The 1891 colonial law that raised the age of consent for sexual intercourse for girls, married or unmarried, from 10 to 12 years, after the death of the child bride Phulmoni and campaigns by reformers such as Behramji Malabari, and which provoked fierce orthodox opposition led by Bal Gangadhar Tilak.

Summary card: Age of Consent Act, 1891. Passed in March 1891 under Viceroy Lord Lansdowne. Raised age of consent from 10 to 12 years. Applied to married and unmarried girls alike. Triggered by the Phulmoni Dasi case of 1889–90 — Summary card © UPSCPrep.in

Background and evolution

The Indian Penal Code of 1860 defined sexual intercourse with a girl below 10 as rape, even within marriage. Child marriage was widespread, and many girls were sent to their husbands' homes before puberty. Reformers argued that early consummation caused serious injury, illness and death.

In 1889, Phulmoni Dasi, an 11-year-old girl in Calcutta, died after intercourse with her husband Hari Mohan Maiti, who was about 35. Because she was over 10, he could not be convicted of rape and was sentenced only for causing grievous hurt by a negligent act. The case shocked public opinion. Behramji Malabari, a Parsi journalist, had earlier published "Notes on Infant Marriage and Enforced Widowhood" (1884) and campaigned in India and Britain. The government introduced a bill raising the age of consent, which was moved by Andrew Scoble in the Imperial Legislative Council.

Key features and provisions

Raised age: amended the IPC so that intercourse with a girl under 12, whether married or not, was rape.
Marital rape exception: the marital exception applied only if the wife was 12 or older.
Non-interference claims: the government stated that the law did not interfere with the institution of marriage itself, only with consummation.
Limited enforcement: prosecutions were rare, as complaints from families were unlikely.

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Last reviewed: 23 October 2026 · Original UPSCPrep.in content.