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Sex with a minor below the age of 14 years is a criminal offence pursuant to Section 376A(3) of the Penal Code and is recognised as statutory rape. A minor below the age of 14 is deemed to be unable to communicate sexual consent. The sexual penetration of a person under 14 years of age is thus deemed to be rape (alternatively, unlawful sexual penetration). When found liable, the punishment meted out to the perpetrator can be up to 20 years' imprisonment inclusive of a fine or caning.

If both parties are below 14 years old, the act, strictly speaking, still constitutes the offence of statutory rape. However, the police, exercising its discretion and taking into account the age of the parties and the circumstances surrounding the alleged act in question, may not initiate any charges.

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