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Section 45: Power to make rules

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

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Act 2012
Section 44 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 46

Legal Commentary & Landmark Judgments: Section 45

Section 45 of the POCSO Act delegates plenary rule-making power to the Central Government to carry out the purposes of the Act, subject to mandatory parliamentary oversight and legislative tabling.

  • Central Government Rule-Making Authority: Vests the Central Government with broad subordinate legislative competence to formulate rules governing support persons, child-friendly procedures, interim compensation, and institutional care.
  • Statutory Focus Areas: Enables rules under sub-section (2) regarding the manner of recording evidence, child protection safeguards, qualifications of support persons, and guidelines for non-governmental organisations.
  • Mandatory Parliamentary Scrutiny: Section 45(3) mandates that every rule made under the Act must be laid before each House of Parliament while in session for a total period of thirty days, preserving legislative supremacy.
Key Landmark Precedents:
  • D.K. Basu v. State of West Bengal (2015) 8 SCC 744: The Supreme Court held that statutory rules formulated pursuant to human rights and child protection enactments must be given purposive effect, and failure of executive authorities to frame necessary rules cannot defeat legislative intent.
  • St. Johns Teachers Training Institute v. Regional Director, NCTE (2003) 3 SCC 321: The Supreme Court affirmed that delegated legislation under rule-making clauses must conform strictly to the parent enactment, carrying the full force of statutory law once properly laid before Parliament.
Courtroom Practice & Strategic Litigation Guidance:

In trial litigation, invoke the POCSO Rules, 2020 (notified under Section 45) to demand the appointment of accredited Support Persons, secure interim compensation from the Legal Services Authority, and ensure that the child's statement is recorded strictly in compliance with statutory rule safeguards.

Section 44 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 46