POCSO Act Section 45 — Power to make rules

Summary

Sub-section (1) allows the Central Government to create rules for carrying out the purposes of this Act, and these rules must be announced through a notification in the Official Gazette.

Sub-section (2) says that, without limiting the general power in sub-section (1), these rules may cover specific matters. Under clause (a), rules may set the manner of deleting, destroying, or reporting pornographic material involving a child to the designated authority as mentioned in sub-section (1) of section 15. Under clause (aa), rules may set the manner of reporting such pornographic material under sub-section (2) of section 15. Under clause (ab), rules may set the qualifications, experience, and fees payable to a translator, interpreter, special educator, or any person familiar with the child's manner of communication or an expert in that field, as referred to in sub-section (4) of section 19, sub-sections (2) and (3) of section 26, and section 38. Under clause (b), rules may cover the care, protection, and emergency medical treatment of the child under sub-section (5) of section 19. Under clause (c), rules may cover the payment of compensation under sub-section (8) of section 33. Under clause (d), rules may cover the manner of periodic monitoring of the provisions of the Act under sub-section (1) of section 44.

Sub-section (3) requires that every rule made under this section be laid before each House of Parliament as soon as possible after it is made, while the House is in session, for a total period of thirty days, which may be in one session or across two or more successive sessions. If, before the expiry of the session immediately following the session or successive sessions, both Houses agree to modify the rule or agree that the rule should not be made, the rule will then have effect only in the modified form or no effect at all, as the case may be. However, any such modification or annulment will not affect the validity of anything already done under that rule before the modification or annulment.

Official Text

(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—

(a) the manner of deleting or destroying or reporting about pornographic material in any form involving a child to the designated authority under sub-section (1) of section 15;

(aa) the manner of reporting about pornographic material in any form involving a child under sub-section (2) of section 15; (ab) the qualifications and experience of, and the fees payable to, a translator or an interpreter, a special educator or any person familiar with the manner of communication of the child or an expert in that field, under sub-section (4) of section 19; sub-sections

(2) and

(3) of section 26 and section 38;

(b) care and protection and emergency medical treatment of the child under sub-section (5) of section 19;

(c) the payment of compensation under sub-section (8) of section 33;

(d) the manner of periodic monitoring of the provisions of the Act under sub-section (1) of section44.

(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Sections referred to

• POCSO Act §15 — Punishment for storage of pornographic material involving child
• POCSO Act §19 — Reporting of offences
• POCSO Act §26 — Additional provisions regarding statement to be recorded
• POCSO Act §33 — Procedure and powers of Special Court
• POCSO Act §38 — Assistance of an interpreter or expert while recording evidence of child

Related Judgments

• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)
• MOTHER MINOR VICTIM NO. 1 & 2 vs STATE & ORS — Delhi High Court (2020)
• RAKESH @ DIWAN vs THE STATE (GNCT OF DELHI) — Delhi High Court (2021)
• UNION OF INDIA vs S. K. RAO — Supreme Court of India (1971)