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Central Act · India · Chapter IV — Abetment Of And Attempt To Commit An Offence

Section 16 POCSO Abetment of an offence

Protection of Children from Sexual Offences Act, 2012 · Edition: Consolidated Central Act 32 of 2012, including the 2019 amendments

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.

Source document ↗

Judgments on Section 16

LOK 2026 (11) Ker. 44 · High Court of Kerala

Abdul Rafeek @ Rafeek v. State of Kerala

Equivalent citations: 2026 KER 84411

ActsBharatiya Nagarik Suraksha Sanhita, 2023, The Constitution of India, Protection of Children from Sexual Offences Act, 2012, Bharatiya Nyaya Sanhita, 2023, Code of Criminal Procedure, 1973 (Cr.P.C.) — Section 91 & Section 439(2) — Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 94 — Constitution of India — Article 20(3) — Protection of Children from Sexual Offences Act, 2012 (POCSO Act) — Sections 5, 6, 11, 12, 16 & 17 — Bharatiya Nyaya Sanhita, 2023 (BNS) — Sections 49, 64(2)(m), 65(2) & 332(a)

Bail may be cancelled to enable custodial interrogation needed for further investigation; Section 94 BNSS cannot be used to compel an accused to produce an incriminating mobile phone.