Section 42 of the Protection of Children from Sexual Offences Act, 2012 ensures application of which…
Under section 42 an offender whose act is punishable both under the POCSO Act and under listed IPC (now BNS) or IT Act provisions is punished under one law, the one…
Choose your answer
Section 42 of the Protection of Children from Sexual Offences Act, 2012 ensures application of which principle?
Answer and explanation
Correct answer C
Under section 42 an offender whose act is punishable both under the POCSO Act and under listed IPC (now BNS) or IT Act provisions is punished under one law, the one providing the greater punishment. This reflects the principle against double punishment for the same act; it is the opposite of lenity or beneficial interpretation, since the heavier penalty applies.