Section 42A POCSO: Act not in derogation of any other law

Protection of Children from Sexual Offences Act, 2012

Section 42A POCSO at a Glance

Section 42A POCSO states that POCSO operates in addition to, and does not take away from, any other law in force. If there is any inconsistency between POCSO and another law, POCSO overrides the other law to the extent of the inconsistency.

Section 42A POCSO Bare Act Text

42A. Act not in derogation of any other law.
The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency.

Amendments to this section

Subs. by Act 13 of 2013, s. 29, for s. 42 (w.e.f. 3-2-2013).

Section 42A POCSO in Simple Words

Section 42A POCSO explains how the Protection of Children from Sexual Offences Act, 2012 operates alongside other laws in India. First, the provisions of POCSO are in addition to and not in derogation of (meaning POCSO adds to and does not take away from) the provisions of any other law for the time being in force.

Second, in case of any inconsistency between the provisions of POCSO and the provisions of any other law for the time being in force, the provisions of POCSO have overriding effect on the provisions of that other law to the extent of the inconsistency. Act 13 of 2013 put Section 42A, together with the present Section 42, in place of the original Section 42 from 3 February 2013.

When Section 42A POCSO Applies

The provisions of POCSO are in addition to, and not in derogation of, the provisions of any other law for the time being in force.
An inconsistency arises between the provisions of POCSO and the provisions of another law for the time being in force.
In case of such an inconsistency, the provisions of POCSO have overriding effect on the provisions of that other law to the extent of the inconsistency.

Example of Section 42A POCSO

During a trial before the Special Court in Vadodara involving a 16-year-old student, the defence counsel, Abdul, argues that a provision in another law in force conflicts with a procedure required by POCSO. Under Section 42A POCSO, the Special Court holds that the provisions of POCSO operate in addition to other laws in force, and that where an inconsistency exists, POCSO has overriding effect. The Special Court applies the POCSO provision to the extent of the inconsistency while leaving the consistent provisions of the other law intact.

FAQs on Section 42A POCSO

What is Section 42A POCSO?▼

Section 42A POCSO states that the provisions of POCSO are in addition to, and not in derogation of, the provisions of any other law for the time being in force. It also states that in case of any inconsistency, the provisions of POCSO have overriding effect on the provisions of any other law to the extent of the inconsistency.

What does 'not in derogation of any other law' mean in Section 42A POCSO?▼

It means that POCSO operates as an addition to other laws in force and does not cancel or weaken those laws where no conflict exists. Both POCSO and other laws in force apply together unless an inconsistency arises.

Which law prevails under Section 42A POCSO if another law in force conflicts with POCSO?▼

POCSO prevails over the conflicting law. Under Section 42A POCSO, the provisions of POCSO have overriding effect on the provisions of any other law in force to the extent of the inconsistency.

Does Section 42A POCSO override the whole of another law if only one part is inconsistent with POCSO?▼

No. Section 42A POCSO specifies that the provisions of POCSO have overriding effect on the provisions of the other law only to the extent of the inconsistency.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·