Section 45 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
45. Power to make rules.
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) the manner of deleting or destroying or reporting about pornographic material in any form involving a child to the designated authority under sub-section (1) of section 15;
(aa) the manner of reporting about pornographic material in any form involving a child under sub-section (2) of section 15;
(ab) the qualifications and experience of, and the fees payable to, a translator or an interpreter, a special educator or any person familiar with the manner of communication of the child or an expert in that field, under sub-section (4) of section 19; sub-sections (2) and (3) of section 26 and section 38;
(b) care and protection and emergency medical treatment of the child under sub-section (5) of section 19;
(c) the payment of compensation under sub-section (8) of section 33;
(d) the manner of periodic monitoring of the provisions of the Act under sub-section (1) of section 44.
(3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Visual Summary
Authority
The Central Government is empowered to formulate the rules.
Scope
Covers compensation, expert qualifications, reporting pornography, and medical care.
Oversight
Rules must be presented to Parliament for 30 days for approval or modification.
Summary
Section 45 acts as the administrative engine of the POCSO Act. While the Act itself defines crimes and punishments, this section gives the Central Government the power to create the detailed “Rules” necessary to make the law work in practice.
For example, the Act says a child should get compensation, but Section 45 allows the government to write the rules on how much and when. It specifically lists areas where rules are needed:
- Digital Safety: How to report, delete, or destroy child pornography (related to Section 15).
- Expert Support: Determining the qualifications and fees for translators, interpreters, and special educators who assist the child.
- Care: Protocols for emergency medical treatment and protection.
- Monitoring: How the implementation of the Act will be tracked.
Finally, to ensure democracy and checks and balances, any rule made by the government must be shown to Parliament. Parliament has 30 days to review, modify, or reject these rules.
Key Takeaways
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Central Authority: Only the Central Government can make rules under this section. -
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Official Gazette: Rules become effective via notification in the Official Gazette. -
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Specific Mandates: The section explicitly targets rules for handling child pornography evidence and hiring support experts. -
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Parliamentary Control: Rules are subject to modification or annulment by Parliament within 30 days of being laid before it.
Process Flowchart
Practice Questions
Q1. Who is empowered to make rules under Section 45 of the POCSO Act?
Show Answer
The Central Government.
Q2. For how long must the rules be laid before Parliament?
Show Answer
For a total period of thirty days (which may be in one session or successive sessions).
Q3. Which of the following is NOT explicitly mentioned as a subject for rule-making in Section 45?
- A. Payment of compensation
- B. Qualifications of translators
- C. Appointment of High Court Judges
- D. Reporting of pornographic material
Show Answer
C. Appointment of High Court Judges. (This is not covered under Section 45).
Related Provisions
Section 45 creates rules for the implementation of these specific sections:
- Section 15: Punishment for storage of pornographic material (Rules for reporting/deleting).
- Section 19: Reporting of offences (Rules for translators/interpreters).
- Section 33: Procedure and powers of Special Court (Rules for compensation).
- Section 44: Monitoring of implementation of Act.
Conclusion
Section 45 is the bridge between the legislative intent of the POCSO Act and its practical execution. By empowering the Central Government to draft specific rules regarding compensation, expert assistance, and digital evidence management, it ensures the Act remains adaptable and effective. The requirement for Parliamentary review acts as a crucial safeguard, ensuring that the executive branch does not overstep its authority while implementing the law.