The legal counsel provided under Section 40 of the Protection of Children from Sexual Offences Act,…
Section 40 is "subject to the proviso to section 301" of the old Code, now section 338 of the BNSS, under which a privately engaged counsel acts under the directions of the…
Choose your answer
The legal counsel provided under Section 40 of the Protection of Children from Sexual Offences Act, 2012 acts:
Answer and explanation
Correct answer C
Section 40 is "subject to the proviso to section 301" of the old Code, now section 338 of the BNSS, under which a privately engaged counsel acts under the directions of the Public Prosecutor. The family's counsel therefore assists alongside the Public Prosecutor; he does not replace the prosecutor or act for the accused.