Section 42A of POCSO : Section 42A: Act Not In Derogation Of Any Other Law

Explanation using Example

Imagine a situation where a 14-year-old child has been sexually abused by a relative. There is a provision in another law that deals with sexual assault, but it does not specifically address the unique vulnerabilities and needs of children. The Protection of Children from Sexual Offences (POCSO) Act, 2012, however, has been designed with the intent to protect children from offenses of sexual assault, sexual harassment, and pornography with provisions that are child-friendly.

In this case, while the other law might still apply, the POCSO Act would take precedence where there is any inconsistency between the two laws. If the other law suggests a lesser penalty for the offender, or if it lacks specific provisions for the child's testimony to be recorded in a safe and non-intimidating environment, the POCSO Act would override those aspects to ensure the child receives the most sensitive and effective protection and justice as per Section 42A of the Act.