Protection of Children from Sexual Offences Act 2012 (POCSO) was meant to protect children from exploitation and sexual abuse. Thus, it becomes a paramount force in the dispensation of justice for the minor. Just like any mighty law, it stands liable for being misused sometimes. One false POCSO complaint can destroy reputation, cause condemned arrests, and lead to mental and financial anguish.
The big question thus arises:
Can anyone be penalized for a false POCSO case in India?
Yes; Indian law has clear legal provisions and valuable judicial support to initiate proceedings against those filing false complaints. Let’s explore how.
What is Considered a False POCSO Complaint?
- A false POCSO complaint is a knowingly fabricated charge made with no basis in fact. Often, such cases are filed to settle personal scores or due to family or property disputes.
- A person falsely accused under POCSO may suffer humiliation, trauma, and even face arrest. One accused individual shared,
- I was accused over a family land issue. The complaint was completely false, but I lost my job before I could even explain my side.
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Which Laws Help Punish False POCSO Complaints?
Section 22 of POCSO Act:
- Section 22(1) provides that anyone who knowingly files a false complaint can be punished with imprisonment for a term up to 6 months, or with a fine, or with both.
- Section 22(2) specifies that if a child files the complaint, then no punishment shall be imposed. This protects children from legal consequences when influenced or manipulated.
Many falsely accused individuals have used this section to regain some sense of justice.
Relevant IPC/BNS Sections
- Section 182 IPC/Section 217 BNS: Giving false information to a public servant, up to 6 months in imprisonment and 1000 rupees fine (now one year in imprisonment with a 10,000 rupees fine).
- Section 211 IPC/Section 248 BNS: Falsely accusing someone of a serious offence: punishable from up to 2 years to 5 years and fine up to Rs 2 Lakhs.
- Section 499 and 500 IPC/Sections 356(1) & (2) BNS: Defamation: applicable if your reputation is damaged by the false accusation.
How Does the Burden of Proof Work in False Complaints?
In genuine POCSO cases, the law assumes the child is telling the truth until proven otherwise. But in false accusation cases, once the accused shows that the complaint lacks evidence or has a malicious motive, the burden shifts to the complainant. As one acquitted person shared,
“I had to prove I wasn’t even present in the city when the alleged incident happened. Only then did the court see the complaint was false.”
How Have Indian Courts Dealt with False POCSO Cases?
K. Subba Rao v. State of Telangana (2018)
The court found that the medical evidence didn’t support the prosecution’s claims. It called the case a misuse of POCSO and highlighted the danger such cases pose to real victims.
P. Satyanarayana Murthy v. District Inspector of Police (2015)
Though not a POCSO case, the Supreme Court clearly stated that false criminal complaints should be punished under IPC Sections 182 and 211.
Jeyabalan v. State (2021)
The Madras High Court quashed a POCSO FIR that had been filed due to a property dispute. It even ordered the police to investigate the complainant for filing a false case.
State of Rajasthan v. Daulat Ram (1980)
This judgment emphasized that criminal law is not a weapon for revenge and must not be misused.
What Can Happen to You If Falsely Accused Under POCSO?
Even if you’re innocent, being accused under POCSO can cause:
- Suspension from work or job loss
- Arrest and denial of bail
- Mental and emotional trauma
- Damaged family relationships
- Legal costs and long court battles
- Lifelong social stigma
One man said, “Even after my acquittal, people still didn’t trust me. The tag of ‘POCSO accused’ never left.”
How to Take Legal Action If You’re Falsely Accused?
Step 1: Acquittal or Case Dismissal
You must first be acquitted by the court or have the complaint dismissed. This is the legal base for further action.
Step 2: File Complaint Against the False Accuser
You can file a case under:
- Section 22 of the POCSO Act
- IPC Sections 182, 211, and 499/BNS Sections 217, 248, 356 (1) & (2)
“After my acquittal, I filed a counter-complaint. It gave me closure and helped me rebuild my life.”
Step 3: Seek Compensation Under Section 250 CrPC/Section 273 BNSS
If the court finds the original complaint had no basis, you can seek compensation under Section 250 of the Criminal Procedure Code/Section 273 of Bhartiya Nagarik Suraksha Sanhita.
What Safeguards Exist Against Misuse of POCSO?
The law includes multiple safeguards to avoid false prosecutions:
- Medical and forensic evidence is required to support the child’s claims.
- Courts carefully examine the motive behind complaints.
- The child’s statement is important but must be backed by other evidence.
How Can We Prevent Misuse of the POCSO Act?
- Take strict action against proven false complaints
- Train police and prosecutors to spot fabricated cases early
- Encourage counselling in family or property disputes
- Fast-track cases involving false allegations
- Raise public awareness that POCSO is meant for child protection, not personal revenge
Conclusion
The POCSO Act is a powerful tool to protect minors, but when it’s misused, it can ruin lives. Fortunately, Section 22 of the POCSO Act and key provisions of the Bhartiya Nyaya Sanhita provide legal support to those falsely accused.
If you’ve been a victim of a false POCSO complaint, you don’t have to suffer in silence. You have the right to seek justice, compensation, and above all, to clear your name.
“It took me years to recover, but the court finally believed me. That day, I got my life back.”
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FAQs
1. Can a person be arrested immediately after a false POCSO complaint is filed?
Not always. Arrest depends on the nature of the allegation and the preliminary investigation. Courts have directed police to follow due process before making arrests.
2. How long does it take to get acquitted in a false POCSO case in India?
It can take months to years depending on the court’s backlog, but some High Courts are prioritizing POCSO cases under fast-track directions.
3. What evidence can help prove that a POCSO case is false?
Medical reports, CCTV footage, location records, digital messages, and contradictions in the complainant’s statement are critical in proving falsity.
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