Lucknow, Aug 2 - Can a 16-year-old girl be considered 'mentally and physically fit' to give consent for sex? A judge of the Lucknow bench of the Allahabad High Court has questioned the provisions of an 1860 law that permits this while terming it as 'outdated and invalid'.

Justice V.D. Chaturvedi has shot off notices to both the union and the state governments for taking a fresh look at the law, which he says was designed to suit the then British rulers.

The issue came up before the court Friday in the case of an appeal by a man convicted of raping a 17-year-old girl.

Convicted by a trial court to seven years' rigorous imprisonment, the rapist sought reprieve on the plea that the girl was above the age of 16 and was therefore, under law, entitled to give her consent for having sex with him.

Rejecting the plea, Justice Chaturvedi pointed out in his verdict that the Indian Penal Code (IPC) was drafted way back in 1860 and many of its provisions were tailored to suit the interest of the foreign rulers.