Protection of Children from Sexual Offences Act, 2012 · Chapter IX: Miscellaneous
Section 42: Alternative punishment
[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 amendments to this section
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]
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 14 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 42
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Jamnalal v. State of Rajasthan and Another
In the instant appeal, the father of the prosecutrix challenges the order of the High Court. By the said order, the sentence imposed on respondent no.2 herein was suspended till the final disposal of the appeal. Whether…
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Gyanendra Singh @ Raja Singh v. State of U.P.
Whether the conviction of the appellant ought to have been recorded under the IPC or whether the provisions of the Special law, i.e., Section 42A of Protection of Children from Sexual Offences Act, 2012, would prevail…
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Bhaggi @ Bhagirath @ Naran v. The State of Madhya Pradesh
The capital punishment awarded to the petitioner-convict for the conviction u/s. 376 AB, IPC was not confirmed and it was commuted to imprisonment for life, which, going by the provisions thereunder, means imprisonment…
- Manoj Pratap Singh v. The State of Rajasthan
- Independent Thought v. Union of India & Anr.