Central · Act 32 of 2012

Section 40 — Right of child to take assistance of legal practitioner.

The Protection of Children from Sexual Offences Act, 2012

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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.

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Next · Section 41Provisions of sections 3 to 13 not to apply in certain cases. →All sections / सभी धाराएँThe Protection of Children from Sexual Offences Act, 2012 →
More sections of this actSection 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Penetrative sexual assault.Section 4 · Punishment for penetrative sexual assault.Section 5 · Aggravated penetrative sexual assault.Section 6 · Punishment for aggravated penetrative sexual assault.Section 7 · Sexual assault.Section 8 · Punishment for sexual assault.
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India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2019-12-02. Check the linked official text and subsequent notifications when applying a provision.

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Section 40 — Right of child to take assistance of legal practitioner. | The Protection of Children from Sexual Offences Act, 2012 | NYAYA SIGNAL

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