Section 42 of The Protection of Children from Sexual Offences Act, 2012
1[42. Alternate punishment.-- 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, 2[376A, 376AB, 376B, 376C, 376D, 376DA, 376DB], 3[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]
Summary
- This section resolves situations where a single act or omission is a crime under both this Act and other laws.
- The other laws listed include various sections of the Indian Penal Code and Section 67B of the Information Technology Act, 2000.
- The listed Indian Penal Code sections cover offences such as rape, sexual assault, stalking, voyeurism, human trafficking, and public insults.
- If found guilty of such an overlapping offence, the offender cannot be punished twice for the same act.
- Instead, the offender is liable to be punished under either this Act or the Indian Penal Code, choosing whichever law provides the greater degree of punishment.
Practical examples
FAQ
1. What happens if an act is an offence under this Act and also under the Indian Penal Code (IPC)?
The offender will be punished under either this Act or the IPC, depending on which of the two laws provides for a punishment that is greater in degree.
2. Can an offender be given double punishment under both this Act and the Indian Penal Code for the exact same act?
No, Section 42 states they are liable to punishment "only" under this Act or the Indian Penal Code, preventing double punishment.
3. Which specific section of the Information Technology Act, 2000 is cross-referenced in Section 42?
Section 67B of the Information Technology Act, 2000, which deals with child pornography online, is cross-referenced.
4. Does this rule of choosing the greater punishment apply notwithstanding other laws?
Yes, Section 42 explicitly states that this rule applies "notwithstanding anything contained in any law for the time being in force."
Test yourself
Q1.Under Section 42 of The Protection of Children from Sexual Offences Act, 2012, if a person's act is punishable under both this Act and the Indian Penal Code, how is the sentence determined?
Q2.Under Section 42 of The Protection of Children from Sexual Offences Act, 2012, which section of the Information Technology Act, 2000 is specifically mentioned as having an overlapping offence?
Q3.Under Section 42 of The Protection of Children from Sexual Offences Act, 2012, if an act constitutes an offence under this Act and also constitutes the offence of rape under Section 375 and 376 of the Indian Penal Code, what is the maximum punishment limit?
Q4.Under Section 42 of The Protection of Children from Sexual Offences Act, 2012, which of the following Indian Penal Code sections is NOT explicitly listed as part of the overlapping offences that trigger the comparison of punishments?