POCSO Section 375 vs 63

When a child below 18 is raped, both POCSO Sections 3/4 and IPC Section 375/376 (now BNS Sections 63/64) apply to the same act. The prosecution files charges under both frameworks simultaneously. Section 45 (not in derogation) preserves both; Section 42 (alternate punishment) determines which law's sentence applies. **The sentencing outcome:** For victims aged 16–17: POCSO Section 4's minimum is 7 years RI; BNS Section 64's general minimum is 10 years RI. BNS provides the greater punishment in this band — so BNS sentence applies. But the trial procedure is governed by POCSO's Special Court framework. For victims below 16: POCSO Section 4's minimum is 20 years RI (natural life maximum); BNS Section 65's enhanced minimum for victims below 18 is also 20 years. Equal — Section 42 tiebreak applies: POCSO governs. For victims below 12 (aggravated under POCSO Section 5/6): POCSO Section 6's minimum is 20 years; BNS Section 65 also provides 20 years minimum. Equal — POCSO governs by tiebreak. **Why POCSO's trial framework always applies:** Even where BNS provides a higher or equal sentence, the POCSO Special Court tries the case — because both POCSO and BNS charges are filed together, and the Special Court has jurisdiction over both (Section 28(2) allows the Special Court to try non-POCSO offences charged in the same trial). This means POCSO's Sections 29, 30, 33, 37, and 35 apply to the trial regardless of which law's sentence is ultimately imposed. **Male child victims — POCSO exclusively:** For male child victims, POCSO Section 3 is the sole provision. BNS Section 63 (like IPC Section 375) is limited to acts against women. Male child rape is charged exclusively under POCSO Section 3/4 with no BNS equivalent — making POCSO indispensable for male child victims.