The Supreme Court has reaffirmed that when a person is convicted under both the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC), the law prescribes the harsher punishment between the two.
Citing Section 42 of the POCSO Act, the court stated that an offender must be sentenced under the provision that carries the greater penalty, whether from POCSO or IPC. It rejected the argument that Section 42A of POCSO, which gives the Act overriding effect over other laws, could be used to seek a lesser punishment when IPC prescribes a more severe sentence.
The ruling came in a case involving a man convicted of sexually assaulting his minor daughter. He was found guilty under IPC Sections 376(2)(f) and 376(2)(i), which mandate life imprisonment for the remainder of natural life, as well as under Sections 3/4 of POCSO, which carry a lesser punishment range. Following the principle of Section 42, the trial court imposed life imprisonment under IPC, a decision upheld by the High Court with an added stipulation that the sentence would last for the remainder of the convict’s life.
The convict challenged the ruling in the Supreme Court, arguing that POCSO’s overriding effect should limit his punishment to the provisions under that Act. He also contended that the High Court improperly enhanced his sentence by clarifying that life imprisonment meant imprisonment for the rest of his natural life.
The Supreme Court ruled that Section 42 of POCSO takes precedence in sentencing, affirming the IPC conviction. However, it found fault with the High Court’s modification of the punishment. While life imprisonment was justified, the court ruled that the High Court had no authority to alter the sentence in an appeal filed by the convict, especially in the absence of an appeal from the prosecution for an enhancement.
Modifying the sentence, the Supreme Court directed that the convict would serve life imprisonment as imposed by the trial court but without the stipulation of “for the remainder of natural life.” Additionally, a fine of ₹5,00,000 was imposed, to be paid to the victim.
With this decision, the Supreme Court has reinforced that in cases of child sexual abuse where both IPC and POCSO are applicable, the higher punishment will always be imposed, ensuring that offenders face the strictest possible consequences.
