Code: Section 22 POCSO Act
(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.
Explanation of Section 22 POCSO
Section 22 of the Protection of Children from Sexual Offences Act (POCSO) deals with the consequences of making false complaints or providing false information regarding child sexual offences. This section acknowledges the importance of ensuring that complaints are truthful and prevents misuse of the legal process.
Key Provisions:
- False Complaints with Malicious Intent:
- A person who makes a false complaint or provides false information about someone in relation to child sexual offences (under sections 3, 5, 7, and 9) with the intent to harm, humiliate, extort, or defame, may face imprisonment for up to six months, a fine, or both.
- False Complaints Made by Children:
- If a child makes a false complaint or provides false information, the child will not be punished under this section. The law understands the vulnerability and potential influence on children, and therefore, they are exempt from penalties.
- False Complaints Against a Child:
- If an adult makes a false complaint or provides false information against a child, with the knowledge that it is false, and in doing so, victimizes the child, the adult will face imprisonment of up to one year, a fine, or both.
Key Points to Remember
- False Complaints with Malicious Intent:
- If someone makes a false complaint intending to harm, defame, or extort, they can be imprisoned for up to six months, fined, or both.
- Children Are Not Punished for False Complaints:
- A child who makes a false complaint will not face punishment. This is an important provision recognizing the vulnerability of children in the legal process.
- False Complaints Against Children:
- Adults who knowingly make false complaints or provide false information against children, thereby causing harm to the child, are subject to more severe penalties, including imprisonment of up to one year.
Illustration
Example 1: False Complaint for Malicious Intent
An adult falsely accuses someone of sexually exploiting a child, solely to damage their reputation. The person making the false complaint could be punished under Section 22(1) with up to six months imprisonment, a fine, or both.
Example 2: False Complaint Made by a Child
A child mistakenly accuses another individual of an offence under the POCSO Act. In this case, the child will not face any punishment due to the provisions of Section 22(2), as the law protects children from being penalized for false complaints.
Example 3: False Complaint Against a Child
An adult intentionally accuses a child of being involved in a sexual offence, knowing the accusation is false, and does so to harm the child. The adult in this case would face imprisonment for up to one year, a fine, or both.
Common Questions & Answers
1. What is the punishment for making a false complaint under the POCSO Act?
Anyone who makes a false complaint with malicious intent may be punished with imprisonment for up to six months, a fine, or both.
2. Are children punished for making false complaints under the POCSO Act?
No, children are not punished for making false complaints. The law acknowledges that children may be more vulnerable in the legal process and offers them protection in such cases.
3. What happens if a false complaint is made against a child?
If an adult knowingly makes a false complaint against a child, they may be punished with imprisonment for up to one year, a fine, or both.
Conclusion
Section 22 of the POCSO Act emphasizes the importance of honesty and integrity when reporting child sexual offences. It lays down specific consequences for individuals who make false complaints or provide false information, particularly in cases where the intention is to harm or defame. The section also protects children from punishment if they mistakenly provide false information and safeguards them from false accusations made by adults.
For further information on child protection laws, visit ApniLaw.
