A sixteen-year-old intern disclosed sexual touching during a POSH meeting. Can we keep it only inside the company?

Answered by Advocate Sharan Jain··POSH & Workplace Harassment

Legal Shorts · 70 words

No. A sixteen-year-old is a child under POCSO, and an account indicating sexual touching may engage that Act. Section 19 requires a person with the specified knowledge or apprehension to provide information to the Special Juvenile Police Unit or local police. A confidential POSH process is not a substitute for that report. Protect the child, preserve the disclosure accurately and obtain immediate child-protection assistance without waiting for an internal finding.

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No. A sixteen-year-old is a child under POCSO, and an account indicating sexual touching may engage that Act. Section 19 requires a person with the specified knowledge or apprehension to provide information to the Special Juvenile Police Unit or local police. A confidential POSH process is not a substitute for that report. Protect the child, preserve the disclosure accurately and obtain immediate child-protection assistance without waiting for an internal finding.

Must the committee first decide whether the allegation is true?

No internal proof exercise should be made a condition of reporting. Section 19 addresses knowledge that an offence has been committed or apprehension that one is likely. It does not require an employer to complete a ninety-day workplace inquiry before contacting the designated police authority. Report the information actually received and distinguish it from facts you independently know.

Section 7 addresses specified sexual touching and other physical contact with sexual intent without penetration. The exact offence depends on the account and circumstances. HR should not delay reporting while trying to assign the perfect section number or obtain an admission from the alleged perpetrator.

What should be recorded from the disclosure?

Note when and where the disclosure occurred, who heard it, the child's age or available age information and the words used as accurately as possible. Preserve relevant messages and employer-held records. Mark an adult's interpretation as interpretation rather than placing it inside quotation marks as the child's statement.

Do not repeatedly question the child to test consistency or arrange a confrontation with the accused employee. Explain, in language the child understands, that the information needs to go to people responsible for protection and investigation. Avoid promising that it will remain a secret known only to the committee.

Whom do we contact and what proof should we retain?

Section 19 identifies the Special Juvenile Police Unit or local police. Provide the disclosure, known identifying and contact information, immediate safety concerns and the location of relevant records. Ask for acknowledgment or the entry particulars. The Act requires the report to be recorded in writing with an entry number and read over to the informant.

The reporting file should show who made the report, to which authority, when and what was supplied. Do not assume that telling the chief executive or company lawyer fulfils the police-reporting duty. Internal escalation may help organise the response, but it should not become a reason for delay.

What if the parent asks the company not to report?

The statutory duty is not replaced by an agreement between adults. Explain the duty respectfully and seek child-protection advice on safe communication and support. If a parent or household member is implicated or there is a safety concern, tell the receiving authority instead of automatically sending the child back into that situation.

Section 21 provides consequences for failure to report, including a distinct provision for a person in charge of a company or institution concerning an offence in respect of a subordinate under their control. Its general failure-to-report penalty does not apply to the child. The purpose of involving trained authorities is protection and lawful investigation, not blaming the child for when or how they disclosed.

Does POSH confidentiality prevent disclosure to police?

No. Section 16's protection against public disclosure should not be misread as permission to suppress information required under child-protection law. Restrict internal circulation and do not publish the child's name, photograph, school or other identifying details. Section 23 of POCSO separately protects identity in media reporting, subject to its statutory exception.

A manager may need enough information to implement immediate workplace separation, but that does not require a company-wide account of the allegation. Preserve an access record for sensitive documents. Avoid including identifying material in a routine annual POSH report or training presentation.

What happens to the employment inquiry?

It needs separate advice on the applicable POSH and service-rule process, coordination with the criminal investigation and fair treatment of all concerned. Reporting does not itself establish guilt or authorise punishment without the relevant process. At the same time, the employer should address immediate access and safety concerns while authorities act.

The first action is the statutory report and a documented safety response. Questions about discipline, internship status or whether the child can continue working should be handled after immediate protection and reporting, with the child's circumstances and the applicable law properly assessed.

Read the general POSH procedure and our answer on challenging a committee recommendation for the adjoining stages.

Sources

The law this answer relies on, so you can read it yourself.

  1. 1.Sexual Harassment of Women at Workplace Act, 2013: Sections 2, 4, 6, 10-19. Read the source
  2. 2.POSH Rules 2013, government-hosted reproduction of GSR 769(E): Rules 3, 7, 9, 10 and 14. Reproduction read with Act.. Read the source
  3. 3.POCSO Act 2012, reproduced in Government child-protection manual: Act appendix: sections 2(d), 7, 19, 21, 23. Historical manual used only for these operative provisions, not superseded punishment or rules.. Read the source

The short answer's sources were checked on 29 September 2026. Statutes and judgments can change, so check the current position before you act on anything here.

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SJ

Answered by

Advocate Sharan Jain

Advocate based in Bangalore, practising before the Karnataka High Court and District, Sessions, Consumer and Family courts. Answers public legal questions to make Indian law more accessible.

This answer is general information on Indian law as at October 1, 2026, published for public education. It is not legal advice, it does not take account of your facts, and reading it does not create an advocate-client relationship. Law changes and every case turns on its own circumstances. Please consult a qualified advocate about your own matter.

People also asked

Employment & Labour

The internal committee dismissed my POSH complaint. Can I appeal?

Yes. The POSH Act permits appeals against specified recommendations and their non-implementation, ordinarily within ninety days of the recommendations. The correct court or tribunal depends on the applicable service rules and prescribed route. Ask for the report, findings and committee-constitution order, and identify errors in the evidence, reasoning or procedure. An appeal should explain why the decision is wrong. It is not limited to merely complaining that the outcome was unfavourable. Keep proof of when you received the documents.

Employment & Labour

I have been sexually harassed at work. How does a POSH complaint actually work?

An aggrieved woman can make a written POSH complaint to the workplace Internal Committee. Ordinarily, file within three months of the incident, or the last incident in a series. A further extension needs reasons showing why you could not file earlier. Describe what happened, when and where, and identify messages or witnesses. The district Local Committee handles specified cases, including complaints against the employer. Ask for help putting the complaint in writing if needed, and keep proof of submission.

Employment & Labour

A senior woman harassed me and HR says POSH applies only to male respondents. Is that right?

No. The POSH Act defines the respondent as a person against whom an aggrieved woman makes a complaint. It does not say that the respondent must be a man. Ask the committee to assess the alleged conduct and workplace connection, rather than reject the complaint solely because the senior colleague is a woman. The complainant still needs to fall within the Act's statutory scope.

Employment & Labour

I cannot write my POSH complaint because of a disability. Who can help without taking over my complaint?

You can ask the committee to help put your own complaint in writing. Section 9 expressly requires reasonable assistance where the complaint cannot be made in writing. If physical incapacity prevents you from making it yourself, section 9(2) and Rule 6 provide specified substitute-filing routes. Needing an interpreter or accessible document does not mean you must surrender control of your account.

Employment & Labour

My colleague died before filing her harassment complaint. Can her legal heir submit it?

A complaint is not automatically barred because the woman has died. Section 9(2) permits a legal heir or other prescribed person to complain, and Rule 6(iv) allows a person with knowledge of the incident to file with the written consent of her legal heir. Prepare evidence of both the knowledge and the heir's consent. The committee must still examine jurisdiction, timing and the available evidence.

Employment & Labour

A colleague filed a POSH complaint in my name without asking me. Must I adopt it?

You do not have to adopt a statement that does not reflect your instructions or account. Ask the committee for the exact document filed, who signed it and the statutory basis claimed for filing on your behalf. Rule 6 permits substitute complaints only in specified circumstances, with written consent required in relevant categories. The employer may still need to address a workplace safety concern even if that document is not your valid personal complaint.

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