Alternative punishment
Section 42 of the Protection of Children from Sexual Offences Act, 2012 deals with alternative 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, [376A, 376AB, 376B, 376C, 376D, 376DA, 376DB], [376E, section 509 of the Indian Penal Code or section 67B of the Information Technology Act, 2000 (21 o The Act came into force on 14 Nov 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]
Section 42, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bhaggi @ Bhagirath @ Naran v. State of Madhya Pradesh
Court's Decision & Legal Precedent
Applies POCSO s.42 alternate-punishment rule: where offence punishable under POCSO and IPC, offender liable only under the provision providing greater punishment — after modifying IPC 376AB sentence to 30 years RI, no separate POCSO sentence. Digitally signed 2024.02.05; New Delhi February 05, 2024. Labelled Judgement order-5.pdf.
On this section: s.42 alternate punishment — no separate POCSO sentence when greater IPC sentence imposed for same act.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 42
What have the courts held on Section 42 of the Protection of Children from Sexual Offences Act?
Bhaggi @ Bhagirath @ Naran v. State of Madhya Pradesh (05 Feb 2024) is the leading judgment on this section among those set out below: s.42 alternate punishment — no separate POCSO sentence when greater IPC sentence imposed for same act.
How do I find court cases under Section 42 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 42, section 42 Pocso Act, section 42 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. 1 reported judgment on this section is set out on this page, beginning with Bhaggi @ Bhagirath @ Naran v. State of Madhya Pradesh (05 Feb 2024).
What should I read with Section 42 of the Protection of Children from Sexual Offences Act, and has it changed?
Its own text turns on Indian Penal Code 509 (Word, gesture or act intended to insult the modesty of a woman), so none of them can safely be read on its own.
When did Section 42 of the Protection of Children from Sexual Offences Act come into force?
Section 42 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 42, 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.