Right of child to take assistance of legal practitioner
Section 40 of the Protection of Children from Sexual Offences Act, 2012 deals with right of child to take assistance of legal practitioner. 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 The Act came into force on 14 Nov 2012.
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.
Section 40, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 40
What does Section 40 of the Protection of Children from Sexual Offences Act deal with?
Section 40 of the Protection of Children from Sexual Offences Act is headed "Right of child to take assistance of legal practitioner". 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
How do I find court cases under Section 40 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 40, section 40 Pocso Act, section 40 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 40 of the Protection of Children from Sexual Offences Act, and has it changed?
One instrument names it without being made under it, most recently The Protection of Children from Sexual Offences Rules, 2012 (2012).
When did Section 40 of the Protection of Children from Sexual Offences Act come into force?
Section 40 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 40, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.