Section 16 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Main Guide
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Chapter IV: Abetment and Attempt
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Section 16
Original Text
16. Abetment of an offence.
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 employ, harbours, receives or transports a child, by means of threat or use of 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.
Visual Summary
Instigation
Encouraging, provoking, or inciting someone to commit a sexual offence against a child.
Conspiracy
Planning with others to commit the offence, followed by any act taken to execute that plan.
Intentional Aid
Helping, facilitating, or making the crime easier to commit (before or during the act).
Trafficking/Harboring
Transporting or sheltering a child via coercion or fraud for the purpose of abuse (Explanation III).
Summary
Section 16 defines what it means to “abet” (encourage or assist) an offence under the POCSO Act. This section is crucial because it ensures that not only the person who physically commits the sexual assault is punished, but also anyone who helps, plans, or encourages the crime.
The law identifies three main ways a person can be guilty of abetment:
- Instigation: Actively encouraging someone to commit the crime. This includes lying or hiding facts to make the crime happen.
- Conspiracy: Being part of a plan with at least one other person to commit the crime, where steps are taken to carry out that plan.
- Intentional Aid: Doing anything that makes it possible or easier for the criminal to commit the act.
Crucial Note on Explanation III: This section specifically targets child trafficking. It states that employing, harboring, receiving, or transporting a child using threats, force, fraud, or abuse of power for sexual purposes is considered “aiding” the offence. This connects organized crime and trafficking directly to POCSO offences.
Key Takeaways
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Scope: Abetment covers instigation, conspiracy, and intentional aid. -
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Silence as Instigation: Wilful concealment of a material fact that one is bound to disclose counts as instigation (Explanation I). -
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Timing: Facilitation can occur either prior to the crime or at the time of the crime (Explanation II). -
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Trafficking Link: Transporting or harboring a child through coercion or abuse of power for sexual exploitation is explicitly defined as aiding the offence (Explanation III).
Process Flowchart: Establishing Abetment
Practice Questions
1. According to Explanation I of Section 16, which of the following acts constitutes “instigation”?
- A Mere presence at the crime scene
- B Wilful concealment of a material fact one is bound to disclose
- C Unintentional negligence
- D Reporting the crime late
Show Answer
Correct Answer: B. Explanation I states that wilful misrepresentation or wilful concealment of a material fact which one is bound to disclose constitutes instigation.
2. Under Explanation III, transporting a child by means of abuse of power for the purpose of an offence under this Act is considered:
- A A separate offence of kidnapping only
- B Instigation of the offence
- C Aiding the doing of that act
- D Not an offence under POCSO
Show Answer
Correct Answer: C. Explanation III explicitly states that employing, harboring, or transporting a child via coercion/abuse of power is said to “aid the doing of that act.”
Related Provisions
Conclusion
Section 16 of the POCSO Act plays a vital role in dismantling the ecosystem of child abuse. By defining abetment broadly to include instigation, conspiracy, and intentional aid—and specifically including trafficking and harboring of children—the Act ensures that intermediaries, planners, and facilitators face legal consequences alongside the primary perpetrators. This section reinforces the principle that protecting children is a collective responsibility, and any involvement in facilitating abuse is a serious crime.