Protection of Children From Sexual Offences Act, 2012–Sec. 42–Penal Code, 1860–Sec. 376(AB) & 376(2)(j) & (m)–If the accused has committed crime for the offence u/s. 376(AB) & 376(2)(j), (m) of IPC and for the offence u/s. 5(m)/6 of the POCSO Act, the Trial Court can award the sentence either under the POCSO Act or under the IPC, whichever provides for punishment that is greater in degree–The accused cannot be awarded both sentences at the same time under the IPC as well as under the POCSO Act for the same act.
