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Section 46: Repeal and savings

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

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Section 45 All 46 Sections of Protection of Children from Sexual Offences Act, 2012

Legal Commentary & Landmark Judgments: Section 46

Section 46 of the POCSO Act vests the Central Government with the statutory power to remove difficulties arising in giving effect to the provisions of the Act within a sunset period of two years from commencement, subject to parliamentary tabling.

  • Executive Power to Remove Difficulties: Empowers the Central Government to issue orders published in the Official Gazette to resolve practical or statutory ambiguities arising during the initial implementation of the Act.
  • Consistency Requirement: Any order issued under Section 46 must not be inconsistent with the primary provisions, objectives, and protective framework of the POCSO Act.
  • Two-Year Sunset Clause: Sub-section (1) proviso imposes a strict limitation: no order removing difficulties can be made after the expiry of two years from the commencement of the Act (November 14, 2014).
  • Parliamentary Tabling: Sub-section (2) mandates that every difficulty-removal order must be laid before both Houses of Parliament as soon as may be after it is made.
Key Landmark Precedents:
  • Madeva Upendra Sinai v. Union of India (1975) 3 SCC 765: The Supreme Court held that the 'Henry VIII clause' (power to remove difficulties) can only be exercised to remove unforeseen practical hitches in implementing the statute; it cannot be used to modify substantive legislative policy or alter core statutory definitions.
  • Jalan Trading Co. v. Mill Mazdoor Sabha AIR 1967 SC 691: The Constitution Bench held that the power to remove difficulties cannot delegate essential legislative functions; it is strictly an administrative mechanism to facilitate statutory transition.
Courtroom Practice & Strategic Litigation Guidance:

In constitutional or appellate challenges, note that Section 46's operational window expired on November 14, 2014. Any administrative circular or executive notification attempting to modify or curtail POCSO statutory procedures after that date without parliamentary amendment is ultra vires and void ab initio.

Section 45 All 46 Sections of Protection of Children from Sexual Offences Act, 2012