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.Hence, the age of consent between two males have been effectively equalized with that between a male and a female, which is 16.Prior to 2012 there was a presumption that a male minor under 14 could not consent to sexual intercourse under any circumstances.The law was changed after a 13-year-old boy attacked a 5-year-old girl at a Chai Wan hospital ward; the prosecution was unable to convict him of rape, instead only able to do so for indecent assault.The legal age of consent for sexual activity varies by jurisdiction across Asia, from age 12 to 21.The specific activity engaged in or the gender of its participants can also be affected by the law.
The highlighted age refers to an age at or above which an individual can engage in unfettered sexual relations with another who is also at or above that age.
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".
In 2015 an 11-year-old boy and a 13-year-old boy were arrested after they were found having sex with an 11-year-old girl.
Under the new laws they have the possibility of having the maximum sentence of life in prison.