Subject to such rules as may be made in this behalf, the State Government shall prepare guidelines for use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental health and child development to be associated with the pre-trial and trial stage to assist the child.
Subject to the proviso to section 301 of the Code of Criminal Procedure , 1973 (2 of 1974)the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any offence under this Act:
Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them.
The provisions of sections 3 to 13 (both inclusive) shall not apply in case of medical examination or medical treatment of a child when such medical examination or medical treatment is undertaken with the consent of his parents or guardian.
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.
(1. Subs. by Act 13 of 2013, s. 29, for s. 42 (w.e.f. 3-2-2013).
(2. Subs. by Act 22 of 2018, s. 25, for “376A, 376C, 376D” (w.e.f. 21-4-2018).
(3. Subs. by Act 25 of 2019, s. 10, for “376E or section 509 of the Indian Penal Code (45 of 1860)” (w.e.f. 16-08-2019).
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]
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.]
The Central Government and every State Government, shall take all measures to ensure that—
(a) the provisions of this Act are given wide publicity through media including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act;
(b) the officers of the Central Government and the State Governments and other concerned persons (including the police officers) are imparted periodic training on the matters relating to the implementation of the provisions of the Act.
(1) The National Commission for Protection of Child Rights constituted under section 3, or as the case may be, the State Commission for Protection of Child Rights constituted under section 17, of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) shall, in addition to the functions assigned to them under that Act, also monitor the implementation of the provisions of this Act in such manner as may be prescribed.
(2) The National Commission or, as the case may be, the State Commission, referred to in sub-section (1), shall, while inquiring into any matter relating to any offence under this Act, have the same powers as are vested in it under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).
(3) The National Commission or, as the case may be, the State Commission, referred to in sub-section (1), shall, also include, its activities under this section, in the annual report referred to in section 16 of the Commissions for Protection of Child Rights Act, 2005 (4 of 2006).
(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:—
1 [(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;]
2 [(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.
(1. 1. Ins. by Act 25 of 2019, s. 11 (w.e.f. 16-08-2019).
(2. Clause (a) re-lettered as clause (ab) thereof by Act 25 of 2019, s. 11 (w.e.f. 16-08-2019)
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of the difficulty:
Provided that no order shall be made under this section after the expiry of the period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
(a) The Air Force Act, 1950 (45 of 1950);
(b) The Army Act, 1950 (46 of 1950);
(c) The Assam Rifles Act, 2006 (47 of 2006);
(d) The Bombay Home Guard Act, 1947 (3 of 1947);
(e) The Border Security Force Act, 1968 (47 of 1968);
(f) The Central Industrial Security Force Act, 1968 (50 of 1968);
(g) The Central Reserve Police Force Act, 1949 (66 of 1949);
(h) The Coast Guard Act, 1978 (30 of 1978);
(i) The Delhi Special Police Establishment Act, 1946 (25 of 1946);
(j) The Indo-Tibetan Border Police Force Act, 1992 (35 of 1992);
(k) The Navy Act, 1957 (62 of 1957);
(l) The National Investigation Agency Act, 2008 (34 of 2008);
(m) The National Security Guard Act, 1986 (47 of 1986);
(n) The Railway Protection Force Act, 1957 (23 of 1957);
(o) The Sashastra Seema Bal Act, 2007 (53 of 2007);
(p) The Special Protection Group Act, 1988 (34 of 1988);
(q) The Territorial Army Act, 1948 (56 of 1948);
(r) The State police forces (including armed constabulary) constituted under the State laws to aid the civil powers of the State and empowered to employ force during internal disturbances or otherwise including armed forces as defined in clause (a) of section 2 of the Armed Forces (Special Powers) Act, 1958 (28 of 1958).
