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Section 42: Alternative punishment.

The Protection of Children from Sexual Offences Act, 2012Central Act · Act 32 of 2012

[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, [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 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]

Where this provision sits

ActThe Protection of Children from Sexual Offences Act, 2012
Section42
Marginal noteAlternative punishment.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it6

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 13 of 2013. . Subs. by Act 13 of 2013, s. 29, for s. 42 (w.e.f. 3-2-2013).
  • substituted, Act 22 of 2018. . Subs. by Act 22 of 2018, s. 25, for "376A, 376C, 376D" (w.e.f. 21-4-2018)
  • substituted, Act 25 of 2019. . 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).

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