Code: Section 45
(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.
Explanation of Section 45 POCSO Act
Section 45 of the POCSO Act empowers the Central Government to create rules for implementing the provisions of the Act. These rules serve to operationalize the legal framework and ensure clarity in the law’s execution across various institutions and authorities.
Key Functions Under Section 45:
- Rulemaking Power: The Central Government has the authority to notify detailed rules in the Official Gazette for enforcing and executing the objectives of the POCSO Act.
- Specific Areas for Rulemaking: Section 45(2) outlines specific areas where rules may be framed. These include:
- Guidelines on how to delete or report pornographic content involving children (as per Section 15).
- Qualifications and fees for translators, interpreters, and educators assisting child victims (under Sections 19, 26, and 38).
- Care, protection, and medical treatment of children (Section 19).
- Compensation guidelines for victims (Section 33).
- Monitoring procedures under Section 44.
- Legislative Oversight: Every rule made under this section must be presented before both Houses of Parliament. This ensures that rules can be reviewed, modified, or annulled by the legislature if needed.
Illustration
Example 1: Reporting Child Pornography
To assist authorities in combating child pornography, the Central Government issues rules under Section 45. These rules describe the process for reporting such content to a designated authority and the protocols for destroying or deleting it safely.
Example 2: Appointing a Special Educator
In a sensitive case involving a child with a hearing disability, the court appoints a sign language expert. The expert’s qualifications and remuneration are guided by rules made under Section 45, referring to Section 19(4) of the Act.
Example 3: Medical Treatment of the Victim
Following a case of child sexual abuse, the victim requires immediate medical attention. The rules under Section 45 and Section 19(5) define how emergency medical care is to be provided and funded.
Common Questions and Answers on Section 45 POCSO Act
1. What is the purpose of Section 45 in the POCSO Act?
Section 45 grants the Central Government the power to make detailed rules that aid in the practical enforcement of the Act. It provides clarity on procedures, qualifications, compensation, and more.
2. Are the rules made under this section permanent?
Not necessarily. All rules must be presented before Parliament. Both Houses have the power to amend or annul these rules. If annulled, the rule ceases to have effect from that point forward but does not invalidate actions already taken under it.
3. Which provisions of the Act require rules under Section 45?
Rules may be required for:
- Sections 15(1) and 15(2) – Reporting or deleting child pornography.
- Sections 19(4), 19(5) – Appointment of interpreters and emergency care.
- Sections 26(2), 26(3), and 38 – Support during investigation and trial.
- Section 33(8) – Compensation for victims.
- Section 44 – Monitoring of implementation by national and state commissions.
4. Has the government issued any rules under this section?
Yes. The Protection of Children from Sexual Offences Rules, 2012, were notified under Section 45. These rules lay down detailed procedures for reporting, investigation, child protection, compensation, and monitoring mechanisms.
Conclusion
Section 45 of the POCSO Act is crucial for the operational success of the law. It gives the Central Government the authority to draft rules that transform broad legal principles into actionable procedures. These rules ensure that the rights of child victims are upheld effectively while maintaining consistency and transparency in enforcement.
