Section 22 POCSO: Punishment for false complaint or false information
Protection of Children from Sexual Offences Act, 2012
Section 22 POCSO at a Glance
Section 22 POCSO punishes making a false complaint or giving false information with up to 6 months' imprisonment (or up to 1 year if against a child), a fine instead of imprisonment, or both. Children face no punishment for false complaints.
Sub-section (1): up to 6 months. Sub-section (3): up to 1 year
Section 22 POCSO Bare Act 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 for a term 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.
Section 22 POCSO in Simple Words
Section 22 POCSO punishes making a false complaint or providing false information about offences under the Act. Under Section 22(1) POCSO, an offence is committed when any person makes a false complaint or gives false information against another person in respect of an offence committed under Section 3 POCSO (penetrative sexual assault), Section 5 POCSO (aggravated penetrative sexual assault), Section 7 POCSO (sexual assault), and Section 9 POCSO (aggravated sexual assault). The false complaint or information must be given solely with the intention to humiliate, extort, threaten, or defame that person. The punishment under Section 22(1) POCSO is imprisonment for up to 6 months, a fine instead of imprisonment, or both.
Section 22(2) POCSO protects children from punishment under Section 22 POCSO. Where a child makes a false complaint or provides false information, no punishment can be imposed on that child.
Section 22(3) POCSO deals with false complaints or false information made against a child. If any person who is not a child makes a false complaint or gives false information against a child, knowing it to be false, and thereby victimizes that child in any offence under POCSO, the punishment is imprisonment for up to 1 year, a fine instead of imprisonment, or both.
Ingredients of Section 22 POCSO
- Under Section 22(1) POCSO, a person (other than a child) makes a false complaint or provides false information against another person.
- Under Section 22(1) POCSO, the complaint or information is in respect of an offence under Section 3, Section 5, Section 7, and Section 9 POCSO.
- Under Section 22(1) POCSO, the complaint or information is given solely with the intention to humiliate, extort, threaten, or defame the person accused.
- Under Section 22(3) POCSO, a person who is not a child makes a false complaint or gives false information against a child, knowing it to be false, and thereby victimizes the child in any offence under the Act.
Punishment Under Section 22 POCSO
Sub-section (1): up to 6 months. Sub-section (3): up to 1 year
Fine instead of or with imprisonment
POCSO does not classify its offences, so Part II of the First Schedule to the BNSS decides it: an offence punishable with imprisonment for less than 3 years is non-cognizable and bailable. Section 28 POCSO makes the Special Court try offences under the Act. POCSO has no provision allowing an offence to be compounded.
Making a false complaint or providing false information against a person under Section 22(1) POCSO is punishable with imprisonment for up to 6 months, a fine instead of imprisonment, or both, while doing so against a child under Section 22(3) POCSO is punishable with imprisonment for up to 1 year, a fine instead of imprisonment, or both. Under Section 22(2) POCSO, no punishment can be imposed on a child who makes a false complaint or gives false information. Offences under Section 22 POCSO are bailable, non-cognizable, non-compoundable, and triable by the Special Court under Section 28 POCSO.
Example of Section 22 POCSO
When Section 22 POCSO Does Not Apply
- The person who made the false complaint or provided the false information is a child, as Section 22(2) POCSO bars imposing any punishment on a child.
FAQs on Section 22 POCSO
What is Section 22 POCSO?▼
Section 22 POCSO punishes making a false complaint or providing false information under the Act. It prescribes up to 6 months of imprisonment, a fine instead of imprisonment, or both for false allegations made solely to humiliate, extort, threaten, or defame someone regarding Sections 3, 5, 7, and 9 POCSO, and up to 1 year of imprisonment, a fine instead of imprisonment, or both for knowingly making a false complaint against a child.
Can a child be punished for making a false complaint under Section 22 POCSO?▼
No. Section 22(2) POCSO states that where a false complaint is made or false information is provided by a child, no punishment can be imposed on that child.
Does every unproven POCSO complaint lead to punishment under Section 22(1) POCSO?▼
No. Section 22(1) POCSO applies only when a person makes a false complaint or gives false information in respect of Section 3, Section 5, Section 7, and Section 9 POCSO solely with the intention to humiliate, extort, threaten, or defame the accused person.
What is the punishment for falsely accusing a child of a POCSO offence?▼
Up to 1 year of imprisonment, a fine instead of imprisonment, or both. Under Section 22(3) POCSO, this applies when a person who is not a child makes a false complaint or provides false information against a child, knowing it to be false, and thereby victimizes the child in any offence under the Act.
Which court tries an offence under Section 22 POCSO, and is it bailable?▼
The Special Court designated under Section 28 POCSO tries offences under Section 22 POCSO. The offence is bailable, non-cognizable, and non-compoundable.
Have questions about Section 22 POCSO?
Ask NyayGuru about your situation and get an answer based on the Protection of Children from Sexual Offences Act, 2012.
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·