Section 18 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Punishment for Attempt to Commit an Offence
The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is designed to provide comprehensive protection to children from sexual crimes. Apart from punishing completed offences, the Act also addresses situations where an attempt is made to commit such crimes. Recognising that even an attempt causes fear, trauma, and risk to the child, Section 18 provides punishment for attempts to commit offences under the Act.
Offence under Section 18
Section 18 states that whoever attempts to commit any offence punishable under the POCSO Act, or causes such an offence to be attempted, shall be punished with imprisonment for a term which may extend to half of the longest term of imprisonment prescribed for that offence, and shall also be liable to fine.
This ensures that even if the offence is not successfully completed, the mere act of attempting or initiating the crime invites serious punishment. For example, if an individual attempts penetrative sexual assault but is stopped before completion, they will still face rigorous imprisonment as per Section 18.
Punishment under Section 18
- The punishment for attempt is up to half of the maximum imprisonment prescribed for the completed offence.
- The offender is also liable to pay fines in addition to imprisonment.
- The severity of punishment depends on the gravity of the offence attempted.
Conclusion
Section 18 of the POCSO Act ensures that attempts to exploit or harm children are taken as seriously as the actual commission of the offence. By penalising attempts, the law provides a preventive shield, ensuring that offenders cannot escape liability merely because their crime was incomplete.