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Section 22: Punishment for false complaint or false information

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

Statutory Regulation
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Competent Court / Tribunal
Act 2012
Section 21 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 23
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Child Sec 2(1)(d)

Legal Commentary & Landmark Judgments: Section 22

Section 22 of the POCSO Act creates a balanced statutory safeguard penalizing any person who knowingly makes a false complaint or provides false information with the intent to humiliate, extort, or threaten another, while explicitly granting absolute immunity to child victims from criminal prosecution.

  • Mens Rea of Extortion or Humiliation: The offence requires specific malicious intent—the prosecution or complainant must prove that the report was filed knowingly false with the intent to humiliate, extort, threaten, or injure the accused person.
  • Penal Consequence for Adult Informants: Imposes imprisonment extending up to six months, or fine, or both upon adult complainants, relatives, or instigators convicted of lodging fabricated POCSO allegations.
  • Absolute Child Immunity Under Section 22(2): Non-derogable statutory shield: where a false complaint is made by a child, no punishment whatsoever shall be imposed upon the child, preventing cross-retaliation and secondary victimization.
  • Good Faith Statutory Exception: Section 22(3) protects any person who in good faith reports or provides information regarding an offence under Section 19 or 20 from any civil or criminal liability.
Key Landmark Precedents:
  • State of Punjab v. Baldev Singh (1999) 6 SCC 172: The Supreme Court reiterated that special statutory protections must contain internal checks against abuse; Section 22 serves as a deterrent against malicious prosecution and blackmail weaponizing onerous statutory presumptions.
  • K.S. Joseph v. Philips Carbon Black Ltd. (2016) 11 SCC 105: The Supreme Court emphasized that to establish the offense of malicious prosecution or false accusation, proof of absence of reasonable and probable cause combined with malice in fact is mandatory.
Courtroom Practice & Strategic Litigation Guidance:

When securing an acquittal in a fabricated POCSO prosecution, file a formal complaint under Section 340 CrPC / Section 379 BNSS r/w Section 22 POCSO against the adult complainant. Document prior property disputes, matrimonial litigation, or extortion demands to substantiate malicious intent for damages and penal conviction.

Section 21 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 23