Section 17 of The Protection of Children from Sexual Offences Act, 2012
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.
Summary
- This provision sets the punishment for someone who abets, meaning helps, encourages, or conspires to commit, an offence under this Act.
- If the crime that was helped is actually committed as a result of that help, the person who abetted it faces the exact same punishment as the main offender.
- The offence is considered committed in consequence of abetment if it happens due to the instigation, because of the conspiracy, or with the aid provided.
Practical examples
FAQ
1. What is the punishment for abetment if the main crime is actually committed?
The person who abetted the offence will receive the exact same punishment that is provided for the main offence itself under this Act.
2. When is an offence considered to be committed in consequence of abetment?
An offence is committed in consequence of abetment if it takes place because of the instigation, as part of the conspiracy, or with the aid that constitutes the abetment.
Test yourself
Q1.Under Section 17 of The Protection of Children from Sexual Offences Act, 2012, if a person abets a sexual assault under Section 7, and that sexual assault is actually committed in consequence of the abetment, what punishment does the abettor receive?
Q2.Under Section 17 of The Protection of Children from Sexual Offences Act, 2012, according to the Explanation, when is an act or offence legally said to be committed in consequence of abetment?
Q3.Under Section 17 of The Protection of Children from Sexual Offences Act, 2012, if a person abets a penetrative sexual assault under Section 3 on a child below sixteen years, and that assault is committed, what is the minimum term of imprisonment the abettor faces under Section 4(2)?
Q4.Under Section 17 of The Protection of Children from Sexual Offences Act, 2012, what occurs if an individual engages in abetment by conspiracy, but the conspirators never execute any act or illegal omission towards committing the crime?