False Complaint under POCSO: Section 22 Explained

A false complaint under POCSO is punishable under s.22(1) of the POCSO Act, 2012 only when a person knowingly makes a false complaint of a serious sexual offence solely to humiliate, extort, threaten or defame someone: up to 6 months, or fine, or both. A child is never punished for a false complaint (s.22(2)), while an adult who knowingly makes a false complaint against a child faces up to 1 year (s.22(3)). A report made honestly that is later not proved is not a false complaint, and good-faith informants are protected by s.19(7).

What section 22 actually punishes

Section 22 is narrow by design. Read its three parts together:

1. s.22(1): a person who makes a false complaint or gives false information against any person about an offence under s.3 (penetrative sexual assault), s.5 (aggravated penetrative sexual assault), s.7 (sexual assault) or s.9 (aggravated sexual assault), solely with the intention to humiliate, extort, threaten or defame that person, faces up to 6 months, or fine, or both.
2. s.22(2): where the false complaint is made or false information given by a child, no punishment is imposed on the child.
3. s.22(3): an adult who makes a complaint or gives information against a child, knowing it to be false, and so victimises that child, faces up to 1 year, or fine, or both.

So three things must be shown for s.22(1): the complaint is false, the maker knew it was false, and the sole purpose was to humiliate, extort, threaten or defame. That is a high bar, and only the police and a court can decide it.

False complaint under POCSO vs a case that was not proved

Many genuine cases end in acquittal: the evidence is thin, a child turns hostile under family pressure, or witnesses fail. An acquittal does not mean the complaint was false, and it certainly does not mean the reporter lied. Section 19(7) protects anyone who gives information in good faith from civil and criminal liability.

This matters for schools. Teachers often hesitate to report because they fear “ruining a colleague’s life” if the complaint is wrong. The law answers that fear directly: report honestly, and the truth is for the police and court. Failure to report, on the other hand, is itself punishable under s.21.

Real-life example: at an Indore school, a Class 9 student says the PT teacher touched him inappropriately in the changing room. The principal reports to the police the same day and places the teacher on leave from student contact. The investigation closes months later without a charge sheet. The principal is fully protected, and the student is not “a false complainant” either; nothing in s.22 is engaged.

Why children are protected from punishment

Children disclose in fragments, often late, and sometimes retract under pressure. If children could be prosecuted whenever a case failed, few would ever speak. That is why s.22(2) bars any punishment of a child, and why a child’s disclosure must always be reported. In AAA v. Linda Sema (9 July 2026), the Supreme Court held that a child’s direct disclosure is to be treated as credible information for reporting purposes.

The “misuse” debate, stated fairly

Courts and commentators have raised concerns about POCSO cases arising from consensual relationships between adolescents, and about complaints filed in the middle of family or property disputes. The Law Commission, in its 283rd Report (September 2023), advised against lowering the age of consent from 18, but suggested guided judicial discretion in sentencing for certain cases involving children aged 16 to 18. Parliament has not changed the age.

What this does not mean: it does not allow anyone, including a school, to screen out a complaint because it “looks motivated”. Even a complaint that arises during a fee dispute or staff rivalry goes to the police, with any genuine context the institution knows. If it is knowingly false and malicious, s.22 and the general law provide the remedy.

If you are wrongly accused

• Do not contact the child or family to “clear things up”. It can look like pressure on a witness.
• Get a criminal lawyer early and cooperate with the investigation through counsel. The DLSA (NALSA 15100) provides free legal aid to eligible persons.
• Preserve your own evidence: duty rosters, attendance, CCTV requests in writing, messages.
• Remedies after falsity is shown: a complaint under s.22 where its conditions are met, or under s.248 of the BNS (false charge of an offence made with intent to injure). Where the FIR discloses no offence on its face, a quashing petition before the High Court under BNSS s.528 is possible.
• Do not go public. Publicity can identify the child, which is itself an offence under s.23.

For employers: keep an accused staff member away from children pending the police process, under the service rules, without announcing guilt. Protection, not punishment, should be the stated purpose of any interim order.

Frequently asked questions

What is the punishment for a false complaint under POCSO?

Under s.22(1), up to 6 months, or fine, or both, where the complaint was knowingly false and made solely to humiliate, extort, threaten or defame. An adult who knowingly makes a false complaint against a child faces up to 1 year, or fine, or both (s.22(3)).

Can a child be punished for a false POCSO complaint?

No. Section 22(2) says no punishment shall be imposed on a child who makes a false complaint or gives false information.

If the accused is acquitted, was the complaint false?

Not necessarily. Acquittal means the case was not proved beyond reasonable doubt. A complaint is “false” under s.22 only if the maker knew it was false and acted solely with a bad purpose.

What can a person do if they are falsely accused under POCSO?

Engage a lawyer, cooperate through counsel and preserve evidence. If falsity is established, a complaint under POCSO s.22 or BNS s.248 may follow; where the FIR discloses no offence, a High Court quashing petition is an option.

Quick quiz

Handle allegations correctly and fairly: POCSO and Child Protection certificate course, ₹499.

Sources

• Protection of Children from Sexual Offences Act, 2012: ss.3, 5, 7, 9, 19(7), 21, 22, 23
• Bharatiya Nyaya Sanhita, 2023: s.248
• Bharatiya Nagarik Suraksha Sanhita, 2023: s.528
• AAA v. Linda Sema, Supreme Court, 9 July 2026
• Law Commission of India, Report No. 283 (September 2023)

This page is for education and general information, not legal advice for a specific case. Law as on 31 October 2026.