POCSO Act Sections 21 and 22: Failure to Report and False Complaint
Sections 21 and 22 of the Protection of Children from Sexual Offences Act, 2012 prescribe consequences relating to the reporting framework under the Act. Section 21 punishes specified failures to report or record a POCSO case. Section 22 deals with false complaints or false information and contains express protections where the false complaint or information is given by a child.
CHAPTER V - PROCEDURE FOR REPORTING OF CASES
Section 21 - Punishment for Failure to Report or Record a Case
(1) Any person, who fails to report the commission of an offence under sub-section (1) of section 19 or section 20 or who fails to record such offence under sub-section (2) of section 19 shall be punished with imprisonment of either description which may extend to six months or with fine or with both.
(2) Any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section (1) of section 19 in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.
(3) The provisions of sub-section (1) shall not apply to a child under this Act.
How Section 21 Operates
Section 21 must be read with Sections 19 and 20. Section 19(1) requires information about an apprehended or committed POCSO offence to be provided to the Special Juvenile Police Unit or local police, while Section 19(2) prescribes how the report is to be recorded. Section 20 creates a reporting duty for personnel of specified establishments who encounter sexually exploitative material or objects involving a child.
Failure by a person to report or record
Under Section 21(1), failure to report an offence as required by Section 19(1) or Section 20, or failure to record an offence under Section 19(2), may be punished with imprisonment of either description for up to six months, or fine, or both.
Person in charge of a company or institution
Section 21(2) separately applies to a person in charge of a company or institution, by whatever name called, who fails to report an offence under Section 19(1) in respect of a subordinate under that person's control. The punishment may extend to one year of imprisonment and includes fine.
Section 22 - Punishment for False Complaint or False Information
(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.
Essential Features of Section 22
| Provision | Conduct | Consequence |
|---|---|---|
| Section 22(1) | False complaint or false information against a person concerning an offence under Sections 3, 5, 7 or 9, made solely with the intention specified in the provision. | Imprisonment up to six months, or fine, or both. |
| Section 22(2) | False complaint or false information provided by a child. | No punishment shall be imposed on the child. |
| Section 22(3) | A person who is not a child knowingly makes a false complaint or gives false information against a child, thereby victimizing the child in an offence under the Act. | Imprisonment up to one year, or fine, or both. |
Specific intention required by Section 22(1)
Section 22(1) is framed narrowly. It refers to false complaints or false information concerning offences under Sections 3, 5, 7 and 9 and requires that the complaint or information be made solely with the intention to humiliate, extort, threaten or defame the person concerned.
Protection of a child under Section 22
Section 22(2) expressly bars punishment of a child for making a false complaint or providing false information. Section 22(3), in turn, addresses a non-child who knowingly makes a false complaint or gives false information against a child and thereby victimizes the child in an offence under the POCSO Act.
Related Reporting Provisions
The reporting framework should be read as a whole. Sections 19 and 20 create the principal reporting obligations, Sections 21 and 22 prescribe consequences and safeguards concerning failures and false information, and Section 23 regulates media reporting and protection of a child's identity.
Official Legal Resources
India Code - Protection of Children from Sexual Offences Act, 2012 Ministry of Women and Child Development - POCSO Act and Rules Child Helpline 1098