A man had challenged the FIR registered against him under Section 376 (rape), 377 (unnatural offences), 506 (criminal intimidation) and 406 (criminal breach of trust) of Indian Penal Code (IPC) read with Section 6 of the POCSO Act arguing that the girl had attained puberty and was, therefore, a major under Muslim law. (Imran Vs State)
POCSO Act is a special Law and Muslim Law cannot supersede special law. The age of majority under POCSO Act is 18 years. Also if we consider Majority Act for all other purposes under the Indian, Majority Act, when a certificated guardian has been appointed, the age of majority is 21 years, and where no such guardian is appointed the age of majority is 18 years. But for the purpose of acting in respect of marriage, dower, divorce and adoption, this age of majority as fixed by Indian Majority Act, 1875 does not apply. In respect of a Muslim girl she attains majority under the Muslim law on attaining puberty or on attaining the age of 15 years — whichever is earlier. So for aforesaid issues the Muslim girl is major as long as giving consent is concerned. But Muslim law nowhere mentions the age of majority under cases of sexual assault or rape.
Recently, the Punjab and Haryana High Court had held that as per Muslim personal law, a Muslim girl over the age of 15 years is competent to enter into a contract of marriage with the person of her choice.
The Delhi High Court rejected the argument by a Muslim man that he cannot be charged under the POCSO Act because the girl with whom he allegedly established sexual relations, had attained puberty and was, therefore, a major according to Muslim Personal Law. Justice Jasmeet Singh held that the POCSO Act is not customary law specific and has been introduced with the aim to protect children from sexual abuse.