Section 17 POCSO: Punishment for abetment

Protection of Children from Sexual Offences Act, 2012

Section 17 POCSO at a Glance

Section 17 POCSO punishes anyone who abets an offence under POCSO when the abetted act is committed as a result of that abetment. The abettor receives the same punishment that POCSO provides for the offence abetted.

Punishment

The punishment provided for the offence abetted

Non-Compoundable ⓘ🏛️ Special Court ⓘ

Section 17 POCSO Bare Act 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.

Section 17 POCSO in Simple Words

Section 17 POCSO sets the punishment for abetting an offence under POCSO when the abetted act is actually committed. If a person abets (as defined in Section 16 POCSO) any offence under POCSO, and the act abetted is committed in consequence of the abetment, the person who abetted the offence must be punished with the punishment provided for that offence.

The Explanation to Section 17 POCSO clarifies the scope of when an act or offence is treated as committed in consequence of abetment. An act or offence is committed in consequence of abetment when it is committed in consequence of the instigation, or in pursuance of (in carrying out) the conspiracy, or with the aid that constitutes the abetment.

Because Section 17 POCSO carries the punishment of the offence abetted, whether the offence is cognizable or bailable follows that offence under Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Under Section 28 POCSO, the Special Court tries offences under POCSO, and the offence is non-compoundable because POCSO has no provision allowing an offence to be compounded.

Ingredients of Section 17 POCSO

  • A person abets any offence under POCSO (by instigation, conspiracy, or intentional aid as defined in Section 16 POCSO).
  • The act or offence abetted is committed.
  • The act or offence is committed in consequence of the abetment, meaning it is committed in consequence of the instigation, in pursuance of the conspiracy, or with the aid that constitutes the abetment.

Punishment Under Section 17 POCSO

Imprisonment

The punishment provided for the offence abetted

Non-Compoundable ⓘ🏛️ Special Court ⓘ

Abetment carries the punishment of the offence abetted, so it is cognizable or not, and bailable or not, as that offence is under Part II of the First Schedule to the BNSS. Section 28 POCSO makes the Special Court try offences under the Act. POCSO has no provision allowing an offence to be compounded.

An offence under Section 17 POCSO carries the punishment provided for the offence that was abetted. Because the punishment is the same as the offence abetted, whether the case is cognizable or bailable depends on that offence under Part II of the First Schedule to the BNSS. The offence is non-compoundable and is tried by the Special Court designated under Section 28 POCSO.

Example of Section 17 POCSO

In Guwahati, Simran instigates Prakash to commit an offence under POCSO against a 15-year-old child. Acting in consequence of Simran's instigation, Prakash commits that offence against the child. Under the Explanation to Section 17 POCSO, an offence committed in consequence of instigation is committed in consequence of abetment. Under Section 17 POCSO, Simran is punishable with the same punishment that POCSO provides for the offence that Prakash committed, and the Special Court tries the case.

FAQs on Section 17 POCSO

What is Section 17 POCSO?▼

Section 17 POCSO sets the punishment for abetting an offence under the Protection of Children from Sexual Offences Act, 2012. It provides that anyone who abets an offence under POCSO, if the act abetted is committed in consequence of the abetment, receives the punishment provided for that offence.

When is an offence considered to be committed in consequence of abetment under Section 17 POCSO?▼

Under the Explanation to Section 17 POCSO, an act or offence is committed in consequence of abetment when it is committed in consequence of the instigation, in pursuance of the conspiracy, or with the aid that constitutes the abetment.

Is an offence under Section 17 POCSO cognizable and bailable?▼

That depends on the offence abetted. Because Section 17 POCSO carries the punishment of the offence abetted, whether it is cognizable or bailable follows that offence under Part II of the First Schedule to the BNSS.

Which court tries an offence under Section 17 POCSO?▼

The Special Court. Under Section 28 POCSO, the State Government designates a Court of Session in each district as a Special Court to try offences under POCSO.

Can an offence under Section 17 POCSO be compounded?▼

No. Offences under Section 17 POCSO are non-compoundable because POCSO has no provision allowing an offence to be compounded.

Have questions about Section 17 POCSO?

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·