POCSO Act Section 16 — Abetment of an offence
CHAPTER IV ABETMENT OF AND ATTEMPT TO COMMIT AN OFFENCE
Criminal
Summary
This section defines when a person is considered to have abetted an offence. A person abets an offence in any of the following three ways.
First, a person abets an offence by instigating someone to commit that offence. This means directly encouraging or provoking another person to do the act.
Second, a person abets an offence by engaging with one or more other people in a conspiracy to commit that offence, but only if an actual act or illegal omission happens as a result of that conspiracy and in order to commit the offence. Mere planning alone is not enough; something must be done in furtherance of the plan.
Third, a person abets an offence by intentionally aiding the doing of that offence through any act or illegal omission. This means deliberately helping or facilitating the commission of the offence.
Explanation I clarifies what counts as instigation. A person is said to instigate an offence if, through wilful misrepresentation or by wilfully concealing a material fact that they are legally bound to disclose, they voluntarily cause, procure, or attempt to cause or procure a thing to be done.
Explanation II clarifies what counts as aiding. Whoever, either before or at the time of the commission of an act, does anything to facilitate that act, and thereby actually facilitates its commission, is said to aid the doing of that act.
Explanation III provides a specific example of aiding. Whoever employs, harbours, receives, or transports a child by means of threat, use of force, other forms of coercion, abduction, fraud, deception, abuse of power or position, vulnerability, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of any offence under this Act, is said to aid the doing of that act.
Official Text
A person abets an offence, who— First.—Instigates any person to do that offence; or Secondly.— Engages with one or more other person or persons in any conspiracy for the doing of that offence, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that offence; or Thirdly.—Intentionally aids, by any act or illegal omission, the doing of that offence. Explanation I.—A person who, by wilful misrepresentation, or by wilful concealment of a material fact, which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure a thing to be done, is said to instigate the doing of that offence. Explanation II.—Whoever, either prior to or at the time of commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. Explanation III.—Whoever employ, harbours, receives or transports a child, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position, vulnerability or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of any offence under this Act, is said to aid the doing of that act.
