POCSO Act Sections 17 and 18: Punishment for Abetment and Attempt

Sections 17 and 18 of the Protection of Children from Sexual Offences Act, 2012 form part of Chapter IV. Section 17 provides punishment where an offence is committed in consequence of abetment, while Section 18 prescribes punishment for an attempt to commit an offence punishable under the POCSO Act.

CHAPTER IV - ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE

Section 17If the act abetted is committed in consequence of the abetment, the abettor is punishable with the punishment provided for that offence.
Section 18An attempt involving an act towards commission may attract imprisonment up to one-half of the imprisonment specified by the section, or fine, or both.

Section 17 - Punishment for Abetment

Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with punishment provided for that offence.

Explanation.- An act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment.

Meaning of Section 17

The definition of abetment is contained in Section 16 of the POCSO Act. Section 17 deals with the consequence when the offence abetted is actually committed as a consequence of that abetment. The Explanation links the resulting offence to the instigation, conspiracy or aid that constitutes the abetment.

Section 18 - Punishment for Attempt to Commit an Offence

Whoever attempts to commit any offence punishable under this Act or to cause such an offence to be committed, and in such attempt, does any act towards the commission of the offence, shall be punished with imprisonment of any description provided for the offence, for a term which may extend to one half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence or with fine or with both.

Essential Elements of an Attempt under Section 18

Section 18 applies where a person attempts to commit an offence punishable under the POCSO Act, or attempts to cause such an offence to be committed, and in that attempt does an act towards the commission of the offence. The provision therefore requires more than a bare intention; the statutory language requires an act towards commission.

Punishment under Section 18

The maximum imprisonment for an attempt is linked to the punishment provided for the substantive offence. Section 18 permits imprisonment of the description provided for that offence for a term extending to one-half of imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for the offence. The court may also impose fine, or both imprisonment and fine, as provided by the section.

Abetment and attempt: Abetment under Sections 16 and 17 and attempt under Section 18 are separate statutory concepts. Section 16 identifies the modes of abetment, Section 17 addresses punishment when the act abetted is committed in consequence of the abetment, and Section 18 separately deals with an act done towards commission of an offence in an attempt.

Definition of Child

Section 2(1)(d) of the POCSO Act defines a "child" as any person below the age of eighteen years. See Section 2 - Definitions and Interpretation.

Official Legal Resources

India Code - Protection of Children from Sexual Offences Act, 2012 India Code Ministry of Women and Child Development - Publications