Section 22 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Punishment for False Complaint or False Information
The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) aims to ensure the safety of children from sexual exploitation and offences. While the law encourages mandatory reporting of offences, it also recognises the possibility of false complaints or malicious reporting being made with ill intent. To prevent misuse of the law and to protect individuals from wrongful implication, Section 22 lays down punishments for making false complaints or providing false information under the Act.
Offence under Section 22
Section 22 states that:
- Any person who makes a false complaint or provides false information against another person, with the intention to humiliate, extort, threaten, or defame them, is liable for punishment.
- However, no child shall be punished for making a false complaint or giving false information under this section.
Punishment under Section 22
- The offender shall be punished with imprisonment up to six months, or with fine, or with both.
- If the false complaint was made against a child with the intention to humiliate, extort, or threaten, the punishment may extend to one year of imprisonment and fine.
Conclusion
Section 22 of the POCSO Act balances the need for mandatory reporting with safeguards against misuse. By penalising false complaints made with malicious intent, the law deters individuals from misusing the Act while ensuring that genuine victims and children are protected.