Section 42A of The Protection of Children from Sexual Offences Act, 2012
1[42A. Act not in derogation of any other law.The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force and, in case of any inconsistency, the provisions of this Act shall have overriding effect on the provisions of any such law to the extent of the inconsistency.]
Summary
- The rules in this Act are added to other existing laws rather than replacing them.
- This Act does not weaken or take away from any other law that is currently active.
- If there is a clash or conflict between this Act and another law, this Act will be followed.
- The overriding power of this Act only applies to the specific part where the conflict exists.
Practical examples
FAQ
1. Does this Act cancel out other criminal laws?
No, this Act works alongside other laws. It is added to them and does not cancel them.
2. What happens if another law has a rule that conflicts with this Act?
This Act will override the other law. The court will follow this Act instead of the conflicting law.
3. Does this Act override the entirety of another law if there is a small conflict?
No, it only overrides the other law to the extent of the inconsistency. The rest of the other law remains active.
Test yourself
Q1.Under Section 42A of The Protection of Children from Sexual Offences Act, 2012, how does this Act interact with other active laws?
Q2.Under Section 42A of The Protection of Children from Sexual Offences Act, 2012, what happens if there is a conflict between this Act and another law?
Q3.Under Section 42A of The Protection of Children from Sexual Offences Act, 2012, if a conflict arises between a specific rule in this Act and another law, how much of the other law is overridden?
Q4.Under Section 42A of The Protection of Children from Sexual Offences Act, 2012, can an offender be prosecuted under both this Act and another law for the same behavior?