Section 40: Right of child to take assistance of legal practitioner

Q: What does Section 40 of The Protection of Children from Sexual Offences Act, 2012 (POCSO) deal with?

Section 40 POCSO pertains to "Right of child to take assistance of legal practitioner". It is part of the The Protection of Children from Sexual Offences Act, 2012, a legislation enacted by the Parliament of India. Section 40 of The Protection of Children from Sexual Offences Act, 2012 (POCSO) governs right of child to take assistance of legal practitioner. As verified on 19 May 2026.

Q: Is Section 40 POCSO still in force?

Yes, Section 40 of the The Protection of Children from Sexual Offences Act, 2012 is currently in force across the Republic of India.

Q: What is धारा 40 POCSO?

धारा 40 POCSO is the Devanagari Hindi reference for Section 40 of the The Protection of Children from Sexual Offences Act, 2012. Section 40 of The Protection of Children from Sexual Offences Act, 2012 (POCSO) governs right of child to take assistance of legal practitioner. As verified on 19 May 2026.

Q: What is Dhara 40 POCSO?

Dhara 40 POCSO is the Roman Hindi reference for Section 40 of the The Protection of Children from Sexual Offences Act, 2012. "Dhara" means "Section" in Hindi. Section 40 of The Protection of Children from Sexual Offences Act, 2012 (POCSO) governs right of child to take assistance of legal practitioner. As verified on 19 May 2026.

Q: How to cite Section 40 of The Protection of Children from Sexual Offences Act, 2012?

Cite as: "Section 40, The Protection of Children from Sexual Offences Act, 2012 (POCSO)" in legal briefs. For academic writing, use the BlueBook format: The Protection of Children from Sexual Offences Act, 2012, § 40 (India).

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Wednesday, 20 May 2026

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Section 40 POCSO (The Protection of Children from Sexual Offences Act, 2012): Right of child to take assistance of legal practitioner | Law on Tips | Law on Tips

Table of Contents

The Protection of Children from Sexual Offences Act, 2012

Chapter IXMIS — cellaneous

Section 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.