Abatement of and Attempt to Commit an Offence and punishment for such act under POCSO Act 2012

1) Introduction - 

         The Protection of Children from Sexual Offences Act 2012 was enacted to prevent sexual offences relating to children. It came into force in the year 2012, it is applicable to the whole of India. Section 16 of the said Act defines abatement of an offence while section 17 provides punishment for abetment. Section 18 provides punishment for an attempt to commit an offence.

2) Abetment of an offence - 

      Section 16 of the protection of children from sexual offences act 2012 difines abatement of an offence according to Section 16 A person abets an offence, who-

First - Instigates any person to do that offence; or

Secondly - Engages with one or more other person or persons in any conspiracy for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that offence; or

Thirdly - Intentionally aids, by any act or illegal omission, the doing of that offence.

Explanation I - 

       A person who, by wilful misrepresentation, or by wilful concealment of a material fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure a thing to be done, is said to instigate the doing of that offence.

Explanation II - 

   
        Whoever, either prior to or at the time of commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.

Explanation III -

       Whoever employs, harbours, receives or transports a child, by means of threat or use force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position, vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of any offence under this Act, is said to aid the doing of that act.

3) Punishment for abetment -

          Section 17 of the POCSO Act 2012 provides punishment for abetment. According to Section 17 Whoever abets any offence under this Act, if the act abetted is committed in consequence of the abetment, shall be punished with the 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.

4) Punishment for attempt to commit an offence - 

              Section 18 of the said Act, provides punishment for attempt to commit an offence, as per Section 18 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.

See Also...

Sexual harassment and Punishment for Sexual harassment (POCSO Act 2012)

What is Sexual Assault and Punishment for Sexual Assault under POCSO Act 2012

Penetrative sexual assault and Punishment for Penetrative sexual assault (Sexual Offenses Act, 2012)