POCSO Act Section 42 — Alternate punishment
CHAPTER IX MISCELLANEOUS
Criminal
Summary
This section deals with situations where a single act or omission is an offence under this Act as well as under certain specified sections of the Indian Penal Code or the Information Technology Act. The listed offences include sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, and section 509 of the Indian Penal Code, and section 67B of the Information Technology Act, 2000.
When such an overlap occurs, the section overrides any other law currently in force. The offender found guilty of that act or omission will be punished only under this Act or under the Indian Penal Code, whichever provides for the greater punishment in degree. In other words, the law applies the harsher of the two possible punishments, but only from those two sources.
A state amendment for Arunachal Pradesh modifies this section. It substitutes the list of Indian Penal Code sections mentioned in the main text with a revised list that includes sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376AA, 376C, 376D, 376DA, 376E, and section 509. This amendment, made through Arunachal Pradesh Act 3 of 2019, section 26, changes which specific Indian Penal Code provisions are covered for that state.
Official Text
Where an act or omission constitutes an offence punishable under this Act and also under sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, section 509 of the Indian Penal Code or section 67B of the Information Technology Act, 2000 (21 of 2000), then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offence shall be liable to punishment only under this Act or under the Indian Penal Code as provides for punishment which is greater in degree. STATE AMENDMENT Arunachal Pradesh Amendment of section 42.—In section 42 of the Protection of Children Act, 2012 for the words figures and letters sections 166A, 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376C, 376D, 376E or section 509 of the Indian Penal Code the words figures and letters sections 166A 354A, 354B, 354C, 354D, 370, 370A, 375, 376, 376A, 376AA, 376C, 376D, 376DA, 376E or section 509 of the Indian Penal Code shall be substituted. Vide Arunachal Pradesh Act 3 of 2019, s. 26
