Section 18 of THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012
Original Text
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.
Visual Summary
Scope
Applies to the attempt of ANY offence listed under the POCSO Act.
Requirement
The offender must do an act towards the commission of the offence.
Punishment
Up to one-half of Life Imprisonment OR one-half of the longest term provided.
Summary
Section 18 of the POCSO Act deals with situations where a person tries to commit a sexual offence against a child but fails to complete the act. This is legally known as an “Attempt.”
Key aspects of this section:
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Act Towards Commission: It is not enough to just plan the crime. The offender must have taken a concrete step or action towards committing the crime. -
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Calculation of Punishment: The law takes the maximum punishment prescribed for the actual crime and cuts it in half.
Example: If a specific assault carries a maximum of 10 years, the attempt to commit that assault carries a maximum of 5 years. -
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Life Imprisonment Cases: If the offence is punishable by life imprisonment, the attempt is punishable by imprisonment extending to one-half of the life term.
Key Takeaways
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Universal Application: This section applies to the attempt of any offence mentioned in the POCSO Act.
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Beyond Preparation: Mere preparation is usually not punishable; there must be an act done towards the actual commission of the offence.
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Financial Penalty: In addition to imprisonment, the offender is also liable to pay a fine.
Process Flowchart: Determining Punishment for Attempt
Practice Questions
1. Under Section 18, what is the maximum imprisonment term for attempting an offence?
Show Answer
Answer: One-half of the imprisonment for life or one-half of the longest term provided for that offence.
2. Does Section 18 apply if the offender only plans the crime but does not act on it?
Show Answer
Answer: No. The section requires that the person “does any act towards the commission of the offence.” Mere preparation or planning without action is generally not covered.
3. Is a fine mandatory under Section 18?
Show Answer
Answer: The section states the offender shall be punished with imprisonment “or with fine or with both,” though typically imprisonment is the primary component for serious offences.
Related Provisions
Conclusion
Section 18 ensures that the intent to harm a child is punished severely, even if the perpetrator fails to complete the crime. By mandating a punishment equal to half of the sentence for the actual offence, the law acts as a strong deterrent against initiating any sexual offence against children. It closes the loophole where an offender might otherwise escape harsh punishment simply because they were interrupted or failed in their execution.