Consensual sex with a minor amounts to rape, the Supreme Court has ruled holding that a person who induces or procures a minor for rape by another person — and not by himself — can only be held guilty under IPC sections dealing with “procuration of minor girl”.

The Supreme Court said an offence under IPC section 366A will be made out only if the procuration of a minor is done by the accused for the benefit of a third person and not for himself.

Saying that even consensual sex with a minor girl is deemed to be “rape”, the Supreme Court upheld conviction of a man from Kerala for rape but acquitted him of charges of procuring the minor girl even though he had induced the victim to accompany him to a neighbouring state.

Under Section 366A, “whoever, by any means whatsoever, induces any minor girl under the age of 18 years to go from any place or to do any act with intent such girl may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.”

Convict Iqbal was sentenced to three years imprisonment by a sessions court in Kerala for raping a minor girl, whom he had allegedly taken away from Thrissur district with her consent to Coimbatore in the neighbouring Tamil Nadu. Besides convicting the accused to three years for rape, the sessions court convicted him to two years for the offence under Section 366A — procurement of minor.

Iqbal filed an appeal before the apex court after the Kerala High Court upheld his conviction for rape and offence under Section 366A.