Section 45

Section 45 is the saving clause of the POCSO Act — it preserves the concurrent operation of all other laws alongside POCSO. The Act does not repeal, override, or supersede any existing provision of the IPC, IT Act, Juvenile Justice Act, or any other statute. **What Section 45 achieves:** 1. *No implied repeal of IPC/BNS:* The enactment of POCSO did not impliedly repeal or replace IPC Sections 375–376 (now BNS Sections 63–64) or other IPC provisions that apply to child victims. Both POCSO and IPC/BNS remain in force simultaneously — Section 42 determines which provides the punishment in case of overlap. 2. *Concurrent IT Act charges:* IT Act Section 67B (electronic child pornography) remains in full force alongside POCSO Section 13/15. A person who electronically distributes CSAM can be charged under both POCSO Section 15 and IT Act Section 67B. Section 45 preserves this concurrent applicability. 3. *Juvenile Justice Act preserved:* JJ Act 2015 provisions on child protection, Child Welfare Committees, and juvenile offenders operate concurrently with POCSO. A POCSO case involving a child accused (below 18) is tried under the JJ Act framework (Juvenile Justice Board), not the POCSO Special Court — Section 45 preserves this architecture. 4. *POCSO as floor, not ceiling:* Section 45 means POCSO sets minimum standards for child protection. Other laws can provide additional or alternative protection — POCSO does not cap child protection at what it alone provides. **Relationship to Section 42:** Sections 42 and 45 work together: - Section 45: Both POCSO and IPC/BNS continue to operate (no repeal). - Section 42: When the same act falls under both, punishment is under whichever is greater (tie broken in favour of POCSO). **Practical application:** Prosecutors routinely charge POCSO alongside IPC/BNS in child sexual assault cases — relying on Section 45 to justify the concurrent filing. The defence cannot argue that POCSO's enactment displaced IPC/BNS charges for child victims.