Abetment of an offence
Section 16 of the Protection of Children from Sexual Offences Act, 2012 deals with abetment of an offence. A person abets an offence, who-- First.-- Instigates any person to do that offence; The Act came into force on 14 Nov 2012.
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.
Section 16, The Protection of Children from Sexual Offences Act, 2012 (Act 32 of 2012).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Prabhawati @ Jhinki Devi vs State of U.p.
Court's Decision & Legal Precedent
When a similarly placed co-accused with an identical role in the same criminal case has been granted bail by the same court, the principle of parity requires that another co-accused in the same case should also be granted bail, subject to appropriate conditions to ensure trial compliance and witness protection.
On this section: Child protection offence charges; cited as basis for criminal case and relevant to bail considerations
-
Riya vs State of U.p.
Court's Decision & Legal Precedent
The date of birth as recorded in the High School Certificate, unless and until rebutted by the issuing authority, holds good in the eye of law and constitutes conclusive proof for determining the victim's age in criminal proceedings. When a victim's age is material to the constitution of an offence (such as kidnapping under Section 363 IPC), the documentary evidence of date of birth from official records cannot be set aside merely on the basis of the accused's assertion or the victim's subsequent marriage. The burden lies on the party challenging the recorded date of birth to produce cogent and conclusive proof of rebuttal.
On this section: Sexual offences against children - charged in the FIR based on victim's minor status
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 16
What have the courts held on Section 16 of the Protection of Children from Sexual Offences Act?
Prabhawati @ Jhinki Devi vs State of U.p. (06 Jul 2022) is the leading judgment on this section among those set out below: Child protection offence charges; cited as basis for criminal case and relevant to bail considerations. Another 1 judgment on this section is set out below. They run from 2020 to 2022.
How do I find court cases under Section 16 of the Protection of Children from Sexual Offences Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Pocso Act 16, section 16 Pocso Act, section 16 of the Protection of Children from Sexual Offences Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Prabhawati @ Jhinki Devi vs State of U.p. (06 Jul 2022).
When did Section 16 of the Protection of Children from Sexual Offences Act come into force?
Section 16 of the Protection of Children from Sexual Offences Act, cited as Pocso Act 16, came into force on 14 Nov 2012, having been enacted on 19 Jun 2012. It is in force as at the date shown on this page.
Other sections of this Act
- 9. Aggravated sexual assault813 words
- 5. Aggravated penetrative sexual assault811 words
- 33. Procedure and powers of Special Court395 words
- 2. Definitions340 words
- 19. Reporting of offences338 words
- 45. Power to make rules323 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.