Section 22 Of The Protection Of Children From Sexual Offences Act 2012
Original Text
22. Punishment for false complaint or false information.
(1) Any person, who makes false complaint or provides false information against any person, in respect of an offence committed under sections 3, 5, 7 and section 9, solely with the intention to humiliate, extort or threaten or defame him, shall be punished with imprisonment of either description which may extend to six months or with fine or with both.
(2) Where a false complaint has been made or false information has been provided by a child, no punishment shall be imposed on such child.
(3) Whoever, not being a child, makes a false complaint or provides false information against a child, knowing it to be false, thereby victimizing such child in any of the offences under this Act, shall be punished with imprisonment, which may extend to one year or with fine or with both.
Visual Summary
Malicious False Complaint
An adult making a false report about major offences (S. 3, 5, 7, 9) to humiliate or extort.
Child Immunity
If a child makes a false complaint or provides false information.
Victimizing a Child
An adult making a false complaint against a child to victimize them.
Summary
Section 22 of the POCSO Act acts as a safeguard against the misuse of the stringent provisions of the Act. While the Act is designed to protect children, the legislature recognized the possibility of false accusations being made for ulterior motives such as extortion, defamation, or personal vendettas.
This section establishes three distinct scenarios:
- Adults Falsely Accusing Others: If an adult knowingly files a false complaint regarding sexual assault (Sections 3, 5, 7, or 9) specifically to harm someone’s reputation or extort them, they face legal consequences.
- Protection for Children: The Act maintains its child-centric approach by ensuring that a child who makes a false statement is never punished. This ensures children are not afraid to speak up, even if they might be confused or mistaken.
- Adults Framing Children: The law deals most strictly with adults who file false complaints against children. This is considered a form of victimization, carrying a heavier penalty than filing a false complaint against an adult.
Key Takeaways
- ✔Intent is Crucial: For an adult to be punished under sub-section (1), it must be proven that the false complaint was made solely to humiliate, extort, threaten, or defame.
- ✔Specific Offences: Sub-section (1) applies to false complaints regarding Penetrative Sexual Assault (S.3/5) and Sexual Assault (S.7/9).
- ✔Absolute Immunity for Children: A child cannot be prosecuted or punished for giving false information under this Act.
- ✔Higher Penalty for Victimizing Children: False complaints made against a child attract up to 1 year of imprisonment, whereas false complaints against adults attract up to 6 months.
Process Flowchart
Practice Questions
1. What is the punishment for a child who makes a false complaint under the POCSO Act?
2. An adult makes a false complaint against another adult to extort money. What is the maximum imprisonment?
3. What is the punishment for an adult who makes a false complaint against a child?
Related Provisions
Conclusion
Section 22 serves as a critical check and balance within the POCSO Act framework. While the Act grants immense power to the testimony of a child and places heavy burdens of proof on the accused (via presumptions in Sections 29 and 30), Section 22 ensures that this machinery is not weaponized by adults for personal gain. Simultaneously, it upholds the core philosophy of the Act—the best interest of the child—by ensuring that a child is never penalized for their statements, maintaining an environment where children feel safe to report abuse.