Section 18 POCSO: Punishment for attempt to commit an offence
Protection of Children from Sexual Offences Act, 2012
Section 18 POCSO at a Glance
Section 18 POCSO punishes attempting to commit an offence under POCSO and doing any act towards it. Punishment is imprisonment up to half of life imprisonment or half of the longest term for that offence, a fine instead of imprisonment, or both.
Up to half of the longest term provided for the offence attempted (half of imprisonment for life where the offence carries life), or fine, or both
Section 18 POCSO Bare Act 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.
Section 18 POCSO in Simple Words
Section 18 POCSO punishes a person who attempts to commit any offence punishable under POCSO, or attempts to cause such an offence to be committed, even when the full offence is not completed. For Section 18 POCSO to apply, the person must make the attempt and, in that attempt, do any act towards the commission of the offence.
The punishment under Section 18 POCSO is measured against the punishment provided for the offence attempted. The offender is punishable with imprisonment of any description provided for that offence, for a term that may extend to one half of imprisonment for life (where the offence carries imprisonment for life) or one half of the longest term of imprisonment provided for that offence, or a fine instead of imprisonment, or both.
Because Part II of the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) classifies offences by their punishment, whether an attempt under Section 18 POCSO is cognizable or bailable depends on the offence attempted. 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 18 POCSO
- The person attempts to commit any offence punishable under POCSO, or attempts to cause such an offence to be committed.
- In making that attempt, the person does any act towards the commission of the offence.
Punishment Under Section 18 POCSO
Up to half of the longest term provided for the offence attempted (half of imprisonment for life where the offence carries life), or fine, or both
Fine instead of or with imprisonment
The class depends on the offence attempted, because Part II of the First Schedule to the BNSS goes by the punishment. Section 28 POCSO makes the Special Court try offences under the Act. POCSO has no provision allowing an offence to be compounded.
Section 18 POCSO carries imprisonment of any description provided for the attempted offence for up to half of imprisonment for life (where the offence carries life imprisonment) or up to half of the longest term of imprisonment provided for that offence, or a fine instead of imprisonment, or both. Whether the offence is cognizable or bailable depends on the offence attempted 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 18 POCSO
FAQs on Section 18 POCSO
What is Section 18 POCSO?▼
Section 18 POCSO punishes anyone who attempts to commit an offence punishable under POCSO, or attempts to cause such an offence to be committed, and does any act towards committing it. The punishment is imprisonment up to half of life imprisonment or up to half of the longest term provided for that offence, or a fine instead of imprisonment, or both.
Is a fine compulsory under Section 18 POCSO?▼
No. Section 18 POCSO provides for imprisonment up to the specified maximum term, or a fine instead of imprisonment, or both.
What must be shown for an attempt to fall under Section 18 POCSO?▼
The person must attempt to commit an offence punishable under POCSO (or attempt to cause such an offence to be committed) and, in that attempt, must do an act towards the commission of the offence.
Is an offence under Section 18 POCSO cognizable and bailable?▼
That depends on the offence attempted. Under Part II of the First Schedule to the BNSS, classification goes by the punishment, which under Section 18 POCSO depends on the offence attempted.
Which court tries an offence under Section 18 POCSO, and is it compoundable?▼
The Special Court designated under Section 28 POCSO tries the offence. It is non-compoundable because POCSO has no provision allowing an offence to be compounded.
Have questions about Section 18 POCSO?
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·