Section 17 Of The Protection Of Children From Sexual Offences Act 2012
Original Text
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.
Visual Summary
The Instigator
A person encourages, aids, or conspires to commit a POCSO offence.
The Act Occurs
The actual offence (e.g., sexual assault) is committed as a result.
Equal Punishment
The instigator receives the exact same punishment as the main offender.
Summary
Section 17 of the POCSO Act establishes a strict liability for those who help, encourage, or conspire with others to commit crimes against children. It deals specifically with Abetment where the crime actually takes place.
The law states that if Person A abets Person B to commit a sexual offence against a child, and Person B actually commits that offence, Person A will face the same punishment prescribed for the offence itself. This provision ensures that the “masterminds” or enablers behind the crime are treated with the same severity as the physical perpetrators.
Key Takeaways
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Parity of Punishment: The abettor gets the same sentence as the main offender (e.g., if the offence attracts life imprisonment, the abettor also faces life imprisonment). -
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Condition Precedent: This section specifically applies when the act abetted is actually committed. -
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Scope of Consequence: The offence is considered a consequence of abetment if it results from instigation, conspiracy, or intentional aid. -
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Deterrence: The law aims to deter individuals who might not physically harm a child but facilitate the abuse through their influence or resources.
Process Flowchart
Practice Questions
1. Under Section 17, what is the punishment for an abettor if the abetted offence is committed?
Answer: The abettor shall be punished with the punishment provided for that specific offence. There is no reduction in sentence for merely being the abettor rather than the perpetrator.
2. Does Section 17 apply if the abetted act is NOT committed?
Answer: No. Section 17 specifically states “if the act abetted is committed in consequence of the abetment.” If the act is not committed, other provisions regarding attempt or general abetment laws might apply, but Section 17’s specific “same punishment” rule relies on the commission of the offence.
3. Which actions constitute abetment according to the Explanation in Section 17?
Answer: An act is committed in consequence of abetment when it results from: 1) Instigation, 2) Conspiracy, or 3) Aid.
Related Provisions
Conclusion
Section 17 serves as a powerful tool in the POCSO Act to ensure that justice reaches beyond the immediate perpetrator. By mandating equal punishment for abettors when the crime is committed, the law recognizes that those who plan, encourage, or facilitate sexual offences against children are as culpable as those who physically carry them out. This provision closes loopholes that might otherwise allow influential instigators to escape with lighter sentences.