Supreme Court Clarifies Sentencing Under POCSO Act and IPC: Higher Punishment Prevails
Supreme Court Clarifies Sentencing Under POCSO Act and IPC: Higher Punishment Prevails By Abhishek Jat, Advocate In a significant ruling, the Supreme Court of India has clarified the interplay between the Protection of Children from Sexual Offences (POCSO) Act, 2012 , and the Indian Penal Code (IPC) in cases where an offender is convicted under both statutes. The Court held that when an act constitutes an offence under both laws, the offender must be sentenced under the provision that prescribes the higher degree of punishment . This decision reinforces the principle that Section 42 of the POCSO Act mandates the imposition of the more severe penalty, whether under the POCSO Act or the IPC. Background of the Case The case involved an appellant who was convicted for sexually assaulting his minor daughter. The trial court found him guilty under Sections 376(2)(f) and 376(2)(i) of the IPC, which deal with rap...