Code: Section 18 POCSO Act
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 fineor with both.
Explanation of Section 18 POCSO
Section 18 of the Protection of Children from Sexual Offences Act, 2012, lays down the punishment for attempting to commit an offence under the Act. The provision ensures that even incomplete offences—where the accused has taken some action toward committing a crime but has not succeeded—are still punishable under the law.
This provision is crucial because it addresses the preparatory and early execution stages of crimes against children, ensuring that offenders cannot escape liability simply because the full offence was not completed.
The punishment for an attempt is up to half of the maximum term of imprisonment prescribed for the actual offence, or imprisonment of life where applicable, or with fine, or both.
Key Provisions
- Applies to any person who:
- Attempts to commit an offence under POCSO.
- Does any act toward the commission of that offence.
- Punishment:
- Up to half of the maximum term of imprisonment for the offence.
- In case of life imprisonment, up to half of life imprisonment.
- Can also include fine, or both imprisonment and fine.
- Covers both attempted commission and attempted causation of the offence.
Illustration
Example 1: Attempt to Molest
An adult attempts to grope a minor in a public place but is stopped by a bystander before he succeeds. Since the accused took a concrete step toward committing the offence, he can be punished under Section 18.
Example 2: Sending Obscene Content with Intent
A person tries to send sexually explicit images to a minor via messaging apps but is reported before the minor sees the message. This is an act toward the offence and punishable under this section.
Example 3: Luring a Child for Sexual Purpose
An individual lures a child to a secluded place under false pretenses but is caught before any act is committed. The intent and action toward committing the offence qualify for punishment under Section 18.
Common Questions & Answers
1. What qualifies as an “attempt” under POCSO?
An attempt includes any act that moves beyond mere preparation and is a direct step toward committing a sexual offence against a child.
2. Is punishment under Section 18 less than the actual offence?
Yes. Punishment for attempt is capped at one-half of the maximum term for the full offence, but the law still treats the attempt as a serious crime.
3. What if no harm was caused to the child?
Even if the act was incomplete or no physical harm occurred, the attempt itself—if intentional and directed toward a POCSO offence—is punishable.
4. Does the law require proof of intent?
Yes. The prosecution must prove that the accused intended to commit the offence and took a concrete step in that direction.
5. Can an attempt be charged along with abetment?
Yes. In some cases, a person may be charged with both abetment and attempt if they encouraged or helped in the act and also tried to carry it out themselves.
Conclusion
Section 18 of the POCSO Act ensures that perpetrators cannot escape liability just because the full offence was not completed. By penalizing attempts, the law provides a strong deterrent and helps protect children at the earliest stage of potential harm. It emphasizes that even trying to commit a sexual offence against a child is a grave legal violation.
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