What Are The Legal Steps To Take If You Are Falsely Accused Under Pocso?

lead india
Jul 15, 2025
4 min read

The protection of children from sexual offences (POCSO) Act, 2012 provide the protection to the children from sexual abuse and exploitation. This Act gives special protection to the child under the age of 18 years. In India, the cases of POCSO increase day by day.

The child's statement is utmost top and the court presumes that the child whatever said is correct and true. But sometimes false allegations are imposed against the person which leads to the conviction of an innocent person. We need to know the rights of the accused and protect against false arrest.

What do you mean by POCSO?

The POCSO is a law which aims to protect children from exploitation, sexual abuse, sexual harassment and pornography. It established the special courts for the trial of offences under this Act.

Which types of offences are covered under POCSO?

There are various offences covered under POCSO as follows:

Penetrative sexual assault. (section 3)
Aggravated Penetrative sexual assault. (section 5)
Sexual assault. (section 7)
Aggravated sexual assault. ( section 9)
Sexual harassment. ( section 11)
Child pornography. ( section 13)

Is a person falsely Accused Under POCSO?

Yes, a person can be accused falsely under the POCSO Act and have many consequences of false allegation. It leads to destroying the reputation of the person, and distance from their loved ones. Sometimes it leads to the loss of employment of the person who is falsely charged.

Some principles for defence for false allegation under POCSO:

Presumption of innocence until proven guilty.
The burden of proof always lies with the prosecution.
Right to fair trial and investigation.
Every accused has a right against being wrongly and falsely arrested.
Have a right of self-incrimination.
Right to compensation against false charges.

What are the Legal Steps to take if a person is Falsely Accused under POCSO?

There are some legal steps to take if a person is falsely accused under POCSO:

Take legal advice from an expert lawyer.
Apply for anticipatory bail application under section 482 of BNSS.
Then file a counter-complaint against the person who files a false case of
Gather all relevant documents against false cases and all the communication which can help in proving innocence.
If you have a witness, then submit the statement of all the witnesses.
Submit all the contradictory statements to the police and court.
Make cooperation in the investigation.
File a case of defamation against the person who files a false case.
Apply for compensation.

10.Make a complaint to the human rights commission.

Under which law a person can file a case against false charges of POCSO?

The following laws which can help the person to whom a false charge filled under POCSO are:

BHARATIYA NYAYA SANHITA, 2023 –
Under SECTION 248 FALSE CHARGE OF OFFENCE MADE WITH INTENT TO INJURE - a person can file a case against the person who makes false charges of POCSO. The person is liable for a false charge of offence proceeding against the person with imprisonment up to 5 years, or with fine which may extend up to 2 lakh or with both.
Under SECTION 356 DEFAMATION AND PUNISHMENT OF DEFAMATION, a person liable under defamation for filling the false case of POCSO against a person with imprisonment up to 2 years, or with fine, or with both.
Under SECTION 482 OF BNSS, it helps the person take anticipatory bail by the court, if a person doubts to arrest they can file a bail application before arrest.
Under SECTION 22 OF POCSO, if any person who files a false case against a person regarding the sexual offence against children with the intention to extort, defame, or threaten an individual against whom the complaint filed under this Act is liable for a maximum of 6 months of imprisonment or fine or with.

What are the rights of the accused against arrest under POCSO?

Right to Information under section 19(1) of POCSO ACT.
Right to Counsel under section 20 of the POCSO ACT.
Right of anticipatory bail.
Right to quashing the FIR.
Right to get compensation for false charges.

Conclusion

The POCSO Act made for the protection of children against offences but sometimes it is used against the person by false allegation. In order to safeguard the rights and reputation of a person against whom false allegations are made, without wasting the time consult the lawyer and must file a case quickly. The lawyer helps in filing counter-complaint and anticipatory bail. It is equally crucial to protect your mental health, and gather evidence to prove your innocence. Keep in mind that the prosecution has the burden of proof under the POCSO Act, which presumes innocence until proven guilty. The constitution also provides the right of self-incrimination to the person who is falsely charged for POCSO and fair investigation and trial. Law also provides provision of compensation against false allegations.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.