Legal World

Section 40 POCSO Act — Right of child to take assistance of legal practitioner

The Protection of Children from Sexual Offences Act, 2012 · Official PDF page 16

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40. Right of child to take assistance of legal practitioner.—Subject to the proviso to section 301 of the Code of Criminal Procedure, 1973 (2 of 1974) the family or the guardian of the child shall be entitled to the assistance of a legal counsel of their choice for any offence under this Act:

Provided that if the family or the guardian of the child are unable to afford a legal counsel, the Legal Services Authority shall provide a lawyer to them.

Text extracted from the official PDF (India Code source edition; cover states: 1st July, 2026). Line breaks and footnote marks may differ; the PDF is the authority.

For research. Check the official gazette and later amendments before citing a section.