THE SCOPE OF SECTION 22 OF THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, 2012: A DOCTRINAL ANALYSIS AND PROPOSED INTERPRETATIVE FRAMEWORK

Abstract

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was enacted to establish a comprehensive legal framework for protecting children from sexual abuse through specialised procedures and stringent penal provisions. Within this framework, Section 22 occupies a distinct position by imposing criminal liability for intentionally false complaints and false information. Despite its significance, the provision has received limited doctrinal attention, particularly regarding the interpretation of the expressions "false complaint" and "false information" and the circumstances under which criminal liability arises. The present study undertakes a doctrinal analysis of Section 22 by examining the statutory framework, judicial decisions, and existing academic literature. The study argues that the principal challenge surrounding the provision arises not from a lack of statutory authority but from the absence of a structured interpretative methodology to ensure consistent application. The study further identifies unresolved doctrinal questions concerning complaints containing intentionally fabricated factual assertions and the legal distinction between "false complaint" and "false information." In response to these interpretative uncertainties, the article proposes a structured analytical framework synthesising statutory provisions, judicial principles, and established doctrines of criminal law. The proposed framework seeks to promote consistency, transparency, and doctrinal clarity while preserving the child-protective philosophy underlying the POCSO Act. The study concludes that a balanced interpretation of Section 22 is essential to reconcile the dual objectives of encouraging genuine reporting and preventing the deliberate misuse of the criminal justice process.