Code: Section 42A
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.
Explanation of Section 42A POCSO Act
Section 42A of the Protection of Children from Sexual Offences (POCSO) Act ensures that the provisions of this Act are in addition to, and not in conflict with, any other existing laws. In case of any inconsistency between the POCSO Act and other laws, the provisions of the POCSO Act will take precedence over the conflicting laws to the extent of the inconsistency.
Key Points:
- Additional Provisions: The POCSO Act supplements other existing laws and provides additional protections, particularly for children, without overriding or negating those laws.
- Overriding Effect: If there is any contradiction between the provisions of the POCSO Act and any other law, the provisions of the POCSO Act will prevail, but only to the extent of the inconsistency.
- Coexistence with Other Laws: This section emphasizes that the POCSO Act is meant to work alongside other laws, offering enhanced protection for children from sexual offences.
Illustration
Example 1: Inconsistency Between POCSO Act and IPC
A person is convicted under both the Indian Penal Code (IPC) and the POCSO Act for committing sexual assault against a child. In case of any inconsistency between the provisions of the IPC and the POCSO Act, such as a difference in punishment severity, the provisions of the POCSO Act will take precedence.
Example 2: Coexistence with the Juvenile Justice Act
If a child is a victim of sexual abuse, the provisions of the POCSO Act will apply in addition to the Juvenile Justice (Care and Protection of Children) Act, ensuring that both laws work together to offer comprehensive protection and rehabilitation for the child.
Common Questions and Answers on Section 42A POCSO Act
1. Does Section 42A mean the POCSO Act overrides all other laws?
- Answer: No, Section 42A clarifies that the POCSO Act will apply in addition to existing laws. However, if there is any conflict between this Act and another law, the provisions of the POCSO Act will prevail to resolve the inconsistency.
2. Will the POCSO Act always take precedence over other laws?
- Answer: The POCSO Act will take precedence only in cases where there is an inconsistency between its provisions and the provisions of another law. If there is no inconsistency, both laws will coexist.
3. How does Section 42A impact the application of other child protection laws?
- Answer: Section 42A ensures that the POCSO Act does not nullify or replace other child protection laws. Instead, it supplements and enhances the existing legal framework to protect children from sexual offences.
Conclusion
Section 42A of the Protection of Children from Sexual Offences Act (POCSO) provides that the provisions of the Act are in addition to existing laws and will prevail in case of any inconsistency. This ensures that the POCSO Act can coexist with other laws, especially those aimed at protecting children, while taking precedence when necessary to provide enhanced protection.
For more details, visit the official Protection of Children from Sexual Offences Act (POCSO).
