Section 46 POCSO: Power to remove difficulties

Protection of Children from Sexual Offences Act, 2012

Section 46 POCSO at a Glance

Section 46 POCSO allows the Central Government, by an order published in the Official Gazette, to make provisions to remove difficulties in giving effect to the Act. No such order can be made after 2 years from the commencement of the Act.

Section 46 POCSO Bare Act Text

46. Power to remove difficulties.

(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of the difficulty:

Provided that no order shall be made under this section after the expiry of the period of two years from the commencement of this Act.

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.

Section 46 POCSO in Simple Words

Section 46 POCSO empowers the Central Government to remove difficulties that arise in giving effect to the provisions of the Protection of Children from Sexual Offences Act, 2012. Under Section 46(1) POCSO, if any difficulty arises in giving effect to the Act, the Central Government may publish an order in the Official Gazette making such provisions as appear to the Central Government to be necessary or expedient for removing the difficulty. Any provision made in the order must not be inconsistent with the provisions of the Act.

The proviso to Section 46(1) POCSO sets a strict time limit on this power. Under the proviso, no order can be made under Section 46 POCSO after the expiry of a period of 2 years from the commencement of the Act. The Act came into force on 14 November 2012 (Section 1 POCSO), so this period ended on 14 November 2014.

Under Section 46(2) POCSO, every order made under Section 46 POCSO must be laid, as soon as may be after it is made, before each House of Parliament.

When Section 46 POCSO Applies

  • A difficulty must arise in giving effect to the provisions of POCSO.
  • The Central Government may, by order published in the Official Gazette, make provisions that appear to the Central Government to be necessary or expedient for removing the difficulty, provided they are not inconsistent with the provisions of the Act.
  • No order under Section 46 POCSO can be made after the expiry of 2 years from the commencement of the Act.
  • Every order made under Section 46 POCSO must be laid before each House of Parliament as soon as may be after it is made.

FAQs on Section 46 POCSO

What is Section 46 POCSO?▼

Section 46 POCSO empowers the Central Government, by an order published in the Official Gazette, to make provisions not inconsistent with the Act to remove any difficulty in giving effect to its provisions. Section 46 POCSO prohibits making any such order after 2 years from the commencement of the Act and requires every order to be laid before each House of Parliament.

What is the time limit for making an order under Section 46 POCSO?▼

2 years from the commencement of the Act. The proviso to Section 46(1) POCSO states that no order can be made under Section 46 POCSO after the expiry of a period of 2 years from the commencement of the Act.

Can an order under Section 46 POCSO be inconsistent with the provisions of the Act?▼

No. Section 46(1) POCSO permits the Central Government to make only such provisions as are not inconsistent with the provisions of the Act.

Must an order made under Section 46 POCSO be laid before Parliament?▼

Yes. Under Section 46(2) POCSO, every order made under Section 46 POCSO must be laid, as soon as may be after it is made, before each House of Parliament.

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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) ·