Every woman has the right to a workplace free of sexual harassment, and Indian law gives that right real force. If you need to file a POSH Act complaint, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 tells you exactly who to complain to, how long you have, and what must happen next. This guide walks through the POSH Act complaint procedure step by step, in plain language, so you understand your options before you act.
The 2013 Act grew out of the Supreme Court's 1997 decision in Vishaka v. State of Rajasthan, which laid down binding workplace guidelines until Parliament passed a dedicated law. Today it is the statute, not the older guidelines, that governs a complaint.
What counts as sexual harassment under the POSH Act
Section 2(n) of the Act describes sexual harassment as any one or more of the following unwelcome acts or behaviour: physical contact and advances; a demand or request for sexual favours; sexually coloured remarks; showing pornography; and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.
Section 3 adds a set of circumstances that, if they occur in relation to or connected with any act of harassment, amount to sexual harassment: an implied or explicit promise of preferential treatment in employment; an implied or explicit threat of detrimental treatment; a threat about present or future employment status; interference with work or the creation of a hostile working environment; and humiliating treatment likely to affect a woman's health or safety.
The legal test is whether the conduct was unwelcome, not whether the person accused meant to cause offence. A remark meant as a joke can still be sexual harassment if it was unwanted and sexual in nature.
Who is protected, and where
The Act protects an "aggrieved woman" of any age, whether or not she is employed at the workplace where the incident happened. The definition of "employee" is deliberately wide. It covers regular, temporary, ad hoc and daily-wage staff, whether hired directly or through a contractor, along with probationers, trainees, interns and apprentices, whether paid or unpaid. Because the definition of aggrieved woman is not limited to employees, a client, customer or visitor who is harassed at a workplace can also complain.
"Workplace" is read broadly too. It includes offices, factories and any place a woman visits during the course of employment, transport provided by the employer for that purpose, and, for domestic workers, a dwelling place or house. One point deserves a plain note: the statutory remedy under this Act runs in favour of women. Men and persons of other genders who face harassment at work usually rely instead on the employer's service rules or code of conduct and on general criminal law, because the POSH Act itself is framed for women.
The Internal Committee and the Local Committee
Where you send your complaint depends on the size of the workplace. Under Section 4, every employer of a workplace with ten or more employees must constitute an Internal Committee (IC). The IC is headed by a Presiding Officer who is a woman employed at a senior level, includes at least two members chosen for their commitment to the cause of women or their experience in social work or law, and includes one external member from an organisation working for women or a person familiar with sexual harassment issues. At least one-half of the members must be women.
Where a workplace has fewer than ten employees, or where the complaint is against the employer himself, there may be no IC to approach. Section 6 fills that gap with a Local Committee (LC), constituted by the District Officer at the district level. A woman in this situation takes her complaint to the LC.
| Feature | Internal Committee (IC) | Local Committee (LC) |
|---|---|---|
| Statutory basis | Section 4 | Section 6 |
| When it applies | Workplace with 10 or more employees | Workplace with fewer than 10 employees, or complaint against the employer |
| Who constitutes it | The employer | The District Officer |
| Where the woman complains | The IC at her own workplace | The LC for that district |
| Core purpose | Receive complaints, conciliate, inquire, recommend action | Same functions where no IC exists or the employer is the respondent |
How to file a POSH Act complaint
A complaint is made in writing to the IC (or the LC) within the time limit discussed below. The Rules ask for the complaint, along with supporting documents and the names and addresses of any witnesses, to be submitted in copies. If a woman cannot make her complaint in writing, the Presiding Officer or a member of the committee must give her all reasonable help to put it in writing. Where the aggrieved woman is unable to complain because of physical or mental incapacity, or death, a legal heir or another person permitted by the Rules may complain on her behalf.
Keep your own record from the start. Dates, times, places, what was said or done, and the names of anyone who saw or heard it will matter. Preserve messages, emails and any documents rather than relying on memory.
The three-month complaint window
Under Section 9, a complaint should be made within three months from the date of the incident. Where there has been a series of incidents, the three months run from the date of the last incident. The committee has the power to extend this period by a further three months if it is satisfied that circumstances prevented the woman from filing in time, and it must record its reasons in writing.
The extension is real, but it is not automatic. Do not treat the extra three months as a default. File as soon as you reasonably can, because the committee has to be persuaded, on recorded reasons, that the delay was justified.
Conciliation: an optional first step
Before an inquiry begins, Section 10 allows the committee, at the request of the aggrieved woman, to try to settle the matter between her and the respondent through conciliation. This is her choice, not something that can be forced on her, and a monetary settlement cannot be made the basis of conciliation. If a settlement is reached, the committee records it and no further inquiry is conducted. If no settlement is reached, or if the respondent does not comply with the agreed terms, the committee proceeds to inquire.
The inquiry and the ninety-day timeline
If the matter is not settled, the committee inquires into the complaint following the principles of natural justice. Both sides are heard, both may present evidence, and the respondent is given a copy of the complaint and a chance to reply. The Act requires the inquiry to be completed within ninety days. Within ten days of completing the inquiry, the committee submits its report with recommendations to the employer or the District Officer, who is then required to act on those recommendations, ordinarily within sixty days. If either party is dissatisfied, an appeal lies, and the Act sets a ninety-day period to prefer that appeal.
If the committee finds the complaint proved, it can recommend action against the respondent under the applicable service rules, and can also recommend that the employer deduct a sum from the respondent's salary as compensation to the woman, worked out on the factors listed in the Act, such as mental trauma, loss of career opportunity and the respondent's income.
Interim reliefs during the inquiry
A woman does not have to keep working next to the person she has complained against while the inquiry runs. Section 12 lets the committee recommend interim measures to the employer during the pendency of the inquiry, at the woman's request. These include transferring the aggrieved woman or the respondent to another workplace, granting the woman leave of up to three months in addition to her normal leave, and restraining the respondent from reporting on her work performance or writing her confidential report, a task that is then handed to someone else.
Interim relief exists so that filing a complaint does not cost a woman her peace at work. If you need distance from the respondent while the inquiry is on, ask the committee for it in writing.
Confidentiality
Section 16 prohibits the publication or disclosure to the press or public of the complaint, the identity and addresses of the aggrieved woman, the respondent and witnesses, any conciliation or inquiry proceedings, and the committee's recommendations. Section 17 makes a breach of this confidentiality punishable. In practice this means the details of a POSH complaint are not meant to be circulated around the office, and a person who leaks them can face consequences.
Protection against retaliation
The framework is built to discourage victimisation of a woman for complaining. The interim reliefs above, the confidentiality provisions, and the employer's duty to provide a safe working environment all point the same way. Retaliation, such as a sudden poor appraisal, an unexplained transfer or a threat over the complaint, can itself be treated as misconduct and can be raised with the committee and the employer.
False or malicious complaints, handled carefully
Section 14 allows action where the committee concludes that a complaint was malicious, that the woman knew it to be false, or that forged or misleading evidence was produced. This is a narrow safeguard, and the Act is careful about it. The provision states plainly that a mere inability to substantiate a complaint or to provide adequate proof does not attract action against the complainant. In other words, losing a case is not the same as making a false one, and a malicious-complaint finding needs a specific conclusion of bad faith recorded after inquiry.
The employer's obligations
The Act places clear duties on the employer under Section 19. These include constituting the IC, providing a safe working environment, displaying the penal consequences of sexual harassment and the order constituting the IC, organising awareness workshops and orientation programmes, providing the committee the facilities it needs, assisting the woman if she also chooses to file a complaint under the Bharatiya Nyaya Sanhita or other law, treating sexual harassment as misconduct under the service rules, and monitoring the timely submission of reports by the committee.
Non-compliance carries a price. Section 26 provides that an employer who fails to constitute an IC or otherwise contravenes the Act can be fined up to fifty thousand rupees, with higher penalties and possible cancellation of a licence or registration on repeat contravention. Employers are also required to include the number of cases filed and disposed of in their annual report.
In my practice, the complaints that resolve cleanly are almost always the ones where the woman kept a contemporaneous record and filed within time, and where the employer had actually constituted a valid IC before any trouble arose. The organisations that struggle are the ones that treated the IC as a formality, an out-of-date list of names on a notice no one reads. If you run a business in Bangalore with ten or more people, a properly constituted IC, a written policy and one honest training session a year are not red tape. They are your first line of defence. Our team advises on POSH compliance as part of broader employment and labour law support, and it pairs naturally with getting your employment agreements and internal policies in order.
If you are on the receiving end of harassment and are weighing a parallel civil or criminal step, understanding the legal notice format and process can help you see how the pieces fit together, though the POSH complaint to the IC or LC remains the specific statutory route.
Frequently Asked Questions
Q: Which workplaces must have an Internal Committee?
Any workplace with ten or more employees must constitute an Internal Committee under Section 4. Smaller workplaces, or cases where the complaint is against the employer, are handled by the Local Committee constituted by the District Officer under Section 6.
Q: How long do I have to file a POSH complaint?
Within three months from the date of the incident, or from the last incident in a series. The committee may extend this by a further three months if it records satisfactory reasons for the delay.
Q: How long does the inquiry take?
The Act requires the inquiry to be completed within ninety days. The committee then submits its report within ten days of completing the inquiry, and the employer or District Officer is required to act on the recommendations, ordinarily within sixty days.
Q: Can I be moved away from the person I complained against during the inquiry?
Yes. Section 12 lets the committee recommend interim relief, including transferring you or the respondent, granting you up to three months of additional leave, or restraining the respondent from writing your appraisal.
Q: Is my complaint kept confidential?
Yes. Section 16 prohibits publication or disclosure of the complaint, the identities of those involved, the proceedings and the recommendations, and Section 17 makes a breach punishable.
Q: What happens if my complaint cannot be proved?
Nothing adverse follows from that alone. The Act expressly says that a mere inability to substantiate a complaint or to provide adequate proof does not make it false or malicious. Action for a false complaint requires a specific finding of bad faith after inquiry.
Q: Can I also go to the police?
Yes. Sexual harassment can attract offences under general criminal law, and the employer is duty-bound to assist you if you choose to file a criminal complaint. The POSH route and the criminal route can run in parallel.
Q: Does the POSH Act protect men?
The statutory remedy under this Act is for women. Men and persons of other genders who face harassment at work typically rely on the employer's service rules or code of conduct and on general criminal law.
This article is general legal information, not legal advice, and does not create a lawyer-client relationship. POSH matters are sensitive and fact-specific. For advice on a particular situation, consult a qualified advocate.
