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Section 18: Punishment for attempt to commit an offence

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

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Act 2012
Section 17 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 19

Legal Commentary & Landmark Judgments: Section 18

Section 18 of the POCSO Act governs the penalization of attempts to commit offences under the Act, establishing rigorous statutory floors and prescribing minimum imprisonment of not less than ten years for attempted offences punishable with life imprisonment or imprisonment not less than twenty years.

  • Bifurcated Sentencing Framework: Where the attempted offence is punishable with life imprisonment or imprisonment of not less than 20 years (such as aggravated penetrative sexual assault under Section 6), Section 18 mandates a statutory floor of rigorous imprisonment of not less than 10 years.
  • General Attempt Standard: For all other POCSO offences, the offender is punishable with imprisonment for a term extending up to one-half of the longest term of imprisonment provided for that offence, or with fine, or both.
  • Evidentiary Threshold of Attempt: Requires proof of intention followed by an overt act directed towards the commission of the offence that passes beyond mere preparation and enters the operational stage of execution.
Key Landmark Precedents:
  • Koppula Venkat Rao v. State of A.P. (2004) 3 SCC 602: The Supreme Court elucidated the four stages of crime (intention, preparation, attempt, and execution), holding that an attempt commences when the accused takes an overt, irrevocable step towards the commission of the offence with the necessary mens rea.
  • Aman Kumar v. State of Haryana (2004) 4 SCC 379: The Supreme Court distinguished between preparation and attempt in sexual assault cases, holding that where the accused strips the victim or exerts force to overpower the victim with sexual intent, the threshold of attempt is crossed even if penetration was not achieved.
Courtroom Practice & Strategic Litigation Guidance:

In defense trial strategy, closely examine whether the prosecution evidence establishes an overt attempt or merely non-criminal proximity or preparation. Cross-examine the medical officer regarding the absolute absence of genital or bodily trauma, and cross-examine the investigating officer on the timeline of apprehension to rebut the attempt threshold.

Section 17 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 19