Section 46 POCSO Act 2012: Power to Remove Difficulties
Section 46 of the Protection of Children from Sexual Offences Act, 2012 gave the Central Government a limited transitional power to remove difficulties arising in giving effect to the Act. The power could be exercised only by an order published in the Official Gazette, could not be inconsistent with the Act, and was available only for two years from commencement.
Text of Section 46 of the POCSO Act
46. Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to it to be necessary or expedient for removal of the difficulty:
Provided that no order shall be made under this section after the expiry of the period of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
Meaning and Purpose of Section 46
A "power to remove difficulties" provision is intended to address practical or transitional problems that may arise when a new statute is brought into operation. Section 46 did not authorise the Central Government to amend the POCSO Act or create provisions inconsistent with Parliament's enactment. Its function was narrower: to facilitate implementation where a genuine difficulty arose.
The statutory safeguards are important. Any order had to be published in the Official Gazette, had to remain consistent with the POCSO Act, and had to be directed toward removal of an implementation difficulty.
Who Could Exercise the Power?
The authority named in Section 46 is the Central Government. The section does not confer this particular power on State Governments, courts, the National Commission for Protection of Child Rights or State Commissions for Protection of Child Rights.
Conditions for an Order Under Section 46
| Requirement | Legal effect |
|---|---|
| A difficulty must arise | The power is linked to a difficulty in giving effect to provisions of the POCSO Act. |
| Central Government order | The statutory power was vested in the Central Government. |
| Official Gazette publication | The order had to be published in the Official Gazette. |
| Consistency with POCSO | The order could make only provisions that were not inconsistent with the Act. |
| Necessary or expedient | The provision made had to appear necessary or expedient for removal of the difficulty. |
| Two-year limit | No order could be made after two years from commencement of the Act. |
| Parliamentary laying | Every order had to be laid before each House of Parliament. |
Two-Year Statutory Time Limit
The POCSO Act came into force on 14 November 2012 pursuant to the Central Government commencement notification. The proviso to Section 46(1) prohibited making a removal-of-difficulties order after expiry of two years from commencement.
Current legal position: Section 46 remains part of the POCSO Act, but the special power to make a new order under this section was expressly time-limited. Because the Act commenced on 14 November 2012, the statutory two-year window has long expired. Section 46 therefore should not be described as a continuing power to issue fresh removal-of-difficulties orders today.
Section 46 Does Not Permit Amendment of the Act
The phrase "not inconsistent with the provisions of this Act" is an express substantive limitation. A Section 46 order could facilitate implementation but could not override, contradict or alter a statutory provision enacted by Parliament.
Changes to the substantive POCSO framework after enactment have been made through legislation, including later amendment Acts, while detailed implementation matters are addressed through the rule-making power in Section 45.
Difference Between Section 45 and Section 46
| Section 45 - Power to Make Rules | Section 46 - Power to Remove Difficulties |
|---|---|
| Authorises the Central Government to make rules for carrying out the purposes of the Act. | Addressed difficulties arising in giving effect to the Act. |
| Operates through rules notified in the Official Gazette. | Operated through an order published in the Official Gazette. |
| Contains no two-year expiry of the general rule-making power. | Expressly prohibited orders after two years from commencement. |
| Rules are subject to the detailed laying procedure in Section 45(3). | Every order was required to be laid before each House of Parliament. |
| Forms the basis for subordinate legislation such as the POCSO Rules, 2020. | Was a limited transitional implementation mechanism. |
Parliamentary Oversight Under Section 46(2)
Section 46(2) required every removal-of-difficulties order to be laid before each House of Parliament as soon as may be after it was made. This ensured legislative visibility over the use of the temporary statutory power.
The wording differs from Section 45(3), which contains a more detailed procedure for laying rules before Parliament for a total period of thirty days and expressly deals with modification or annulment by both Houses.
Why Section 46 Is Still Relevant
Although the period for making new orders has expired, Section 46 remains relevant when reading the structure and legislative history of the POCSO Act. It shows that Parliament anticipated possible early implementation difficulties but deliberately confined the special executive power to a short period after commencement.
For present-day implementation questions, the Act as amended, the POCSO Rules and official notifications, and binding judicial decisions should be consulted rather than treating Section 46 as an open-ended source of executive power.
Key Points of Section 46 POCSO Act
- Section 46 concerns removal of difficulties in giving effect to the POCSO Act.
- The power was vested only in the Central Government.
- An order had to be published in the Official Gazette.
- An order could not be inconsistent with the POCSO Act.
- The power was available only for two years from commencement of the Act.
- The POCSO Act commenced on 14 November 2012.
- The time limit for making fresh Section 46 orders has therefore expired.
- Every order made under Section 46 had to be laid before each House of Parliament.
- Section 46 is distinct from the continuing rule-making power under Section 45.
Official Legal Resources
The authoritative statutory text and commencement details are available on the India Code POCSO Act page and the official India Code POCSO Act PDF. Current POCSO legislation and rules can also be checked through the Ministry of Women and Child Development legislation page.
Updated: 3 October 2026.