POCSO Act Section 40 — Right of child to take assistance of legal practitioner

Summary

Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973, the family or guardian of the child is entitled to the assistance of a legal counsel of their choice for any offence under this Act. This means that, with that one condition from the criminal procedure code, the child's family or guardian can choose and use their own lawyer in any case under this Act.

Provided that if the family or guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them. This means that if the family or guardian cannot pay for a lawyer, the Legal Services Authority is required to give them one.

Official Text

Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973 (2 of 1974)the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any offence under this Act:

Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them.

Related Judgments

• SMT LAVANYA ANIRUDH VERMA; Represented by:; Mr. Siddharth Aggarwal wit vs STATE OF NCT OF DELHI — Delhi High Court (2017)
• REENA JHA AND ANR vs UNION OF INDIA AND ORS — Delhi High Court (2020)
• ORIENTAL RUBBER INDUSTRIES; PRIVATE LIMITED vs COMPETITION COMMISSION OF INDIA, ANR — Delhi High Court (2016)