POCSO Act Section 22 — Punishment for false complaint or false information

Summary

Sub-section (1) says that if a person makes a false complaint or gives false information against someone about an offence under sections 3, 5, 7, or 9 of this Act, and does so only to humiliate, extort, threaten, or defame that person, they can be punished with imprisonment of up to six months, or a fine, or both.

Sub-section (2) says that if the false complaint or false information was made by a child, no punishment will be imposed on that child.

Sub-section (3) says that if a person who is not a child makes a false complaint or gives false information against a child, knowing it to be false, and this results in the child being victimised under any offence in this Act, that person can be punished with imprisonment of up to one year, or a fine, or both.

Official Text

(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.

Sections referred to

• POCSO Act §3 — Penetrative sexual assault
• POCSO Act §5 — Aggravated penetrative sexual assault
• POCSO Act §7 — Sexual assault
• POCSO Act §9 — Aggravated sexual assault

Related Judgments

• Anirudh Ajay Kumar Garg vs State of Maharashtra and Ors — Bombay High Court (Mumbai Principal Seat) (2021)
• ANTICIPATORY BAIL APPLICATION NO. 2110 OF 2021; Mohammed Akhtar Hussai vs 1. The State of Maharashtra, 2. Mushtaque Ali Shaikh — Bombay High Court (Mumbai Principal Seat) (2021)
• APPELLATE SIDE; CRR 2431 of 2024; Court On Its Own Motion vs XXXX(Victim Girl) & Anr., In, CRM (DB) 1564 of 2024, Rajbul Sk @ Rajib — Calcutta High Court (Kolkata Principal Seat) (2024)
• rup; 16.08.; CRA (SB) 120 of 2023; Selim Sk. vs The State of West Bengal & Anr., Mr. Niladri Sekhar Ghosh,, Mr. Tapodi — Calcutta High Court (Kolkata Principal Seat) (2023)