A woman files a written complaint with her employer's Internal Committee, or the district Local Committee, within three months of the incident (extendable by three more). The committee may try conciliation if she asks, otherwise it holds an inquiry, hearing both sides, and must finish within 90 days. Its report goes to the employer, who acts within 60 days.
Key takeaways
- Employers with 10 or more workers must constitute an Internal Committee (IC).
- Complaint within 3 months of the last incident; the IC can extend by 3 months.
- Inquiry within 90 days, report within 10 days, employer action within 60 days.
- Only a woman can complain under POSH; the standard of proof is the balance of probabilities.
- A complaint that cannot be proved is not automatically false or malicious.
What does the POSH Act cover?
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, usually called POSH, gives every woman at a workplace a civil, time-bound complaint mechanism. It builds on the Supreme Court's Vishaka guidelines (1997).
"Sexual harassment" includes unwelcome 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. Promises of preferential treatment, threats about her job, or creating a hostile work environment in connection with such conduct also count.
"Workplace" is wide. It covers offices, factories, hospitals, homes where domestic workers are employed, client sites, travel and transport provided by the employer, and places visited during the course of employment. Remote work through email and chat is treated as part of the workplace by many committees. The woman need not be a permanent employee: interns, trainees, contract staff and visitors are protected.
Who hears the complaint: Internal Committee or Local Committee?
| Point | Internal Committee (IC) | Local Committee (LC) |
|---|---|---|
| Who sets it up | Every employer with 10 or more workers, at each office or unit | District Officer of each district |
| Who uses it | Women at that workplace | Workplaces with fewer than 10 workers, informal sector and domestic workers, or when the complaint is against the employer |
| Composition | Presiding Officer (senior woman employee), at least 2 employees, 1 external member from an NGO or with relevant expertise; at least half women | Chairperson (eminent woman in social work), members from the district including NGO members |
| Powers | Same as a civil court for summoning, examining on oath and requiring documents | Same |
Failing to constitute an IC can attract a fine of up to Rs 50,000 under s.26, with higher penalties and possible cancellation of licence for repeat failures. In Aureliano Fernandes v. State of Goa (2023), the Supreme Court found serious lapses in how ICs were being formed and run across the country, set aside an inquiry that breached natural justice, and directed governments and bodies to ensure properly constituted committees and published details.
How to file a POSH complaint, step by step
- Write down what happened. Dates, places, exact words or acts, witnesses, and how you responded. A diary made at the time is strong evidence.
- Preserve evidence. Screenshots with dates and sender details, emails, call logs on your own phone, names of colleagues you told.
- Find the IC. Its members' names should be displayed at the workplace and in the HR policy. If there is no IC, or the respondent is the employer, approach the Local Committee through the District Officer.
- Submit a written complaint with copies of supporting documents and a list of witnesses. If you cannot write it, an IC member must help. If you are unable to file because of physical or mental incapacity or death, a relative, friend or co-worker can file in prescribed cases.
- Ask for interim relief if needed (s.12): transfer of you or the respondent, leave of up to three months, or restraint on the respondent reporting on your work.
- Decide on conciliation. Only at your request, the IC can attempt a settlement (s.10). Money cannot be the basis of a settlement.
You can also file a criminal complaint: sexual harassment is an offence under BNS s.75 (earlier IPC 354A), and stalking or voyeurism are separate offences. The POSH route and the police route can run in parallel. In an emergency call 112 or the women helpline 181.
What is the time limit for a POSH complaint?
The complaint should be made within three months of the incident, or of the last incident where there is a series (s.9). The committee can extend this by up to three more months if it records reasons why the woman was prevented from filing earlier.
Once filed, the clock runs for the committee too. Under the 2013 Rules, a copy of the complaint goes to the respondent within 7 working days, and the respondent replies within 10 working days. The inquiry must be completed within 90 days (s.11(4)). The IC gives its report to the employer within 10 days of finishing (s.13), and the employer must act on the recommendations within 60 days. Either side can appeal within 90 days of the recommendations (s.18) to the appellate authority under service rules or as notified.
How does the Internal Committee inquiry work?
The inquiry follows the employer's service rules where they exist, and otherwise the procedure in the Rules. In either case it must respect natural justice: the respondent gets the complaint and the evidence against him, a chance to reply, to produce his own witnesses and documents, and a fair opportunity to test the complainant's account. Committees often allow questions to be routed through the IC rather than direct cross-examination, to protect the complainant.
Lawyers are not allowed to represent either party during IC proceedings under the Rules, though parties can take legal advice outside. The standard of proof is the balance of probabilities, not "beyond reasonable doubt". Corroboration helps but is not essential if the complainant's account is credible and consistent.
The identity of the complainant, respondent and witnesses, the proceedings and the outcome are confidential (s.16), and breach of confidentiality can be penalised. If the IC finds the allegation proved, it can recommend action under service rules, such as warning, withholding promotion or increments, or termination, and deduction from the respondent's salary as compensation to the woman (s.15).
What evidence does each side need in a POSH inquiry?
For the complainant: a clear, dated account; messages, emails and call logs from her own devices; names of people she told at the time; any medical or counselling records; HR emails showing earlier informal complaints; and CCTV from common areas, which the employer should be asked to preserve immediately because systems overwrite footage. Our guide to CCTV footage as evidence explains preservation.
For the respondent: evidence of where he was at the relevant time (access-card logs, travel records), the full context of any chats relied on, witnesses to the interactions, and proof of any motive for a false allegation, such as a pending appraisal dispute. Screenshots must be complete and unedited; selective cropping hurts credibility on both sides. On how chats are proved, see WhatsApp chats as evidence.
Neither side may lawfully obtain the other's private messages by accessing their phone or accounts. That is an offence under the IT Act and will undermine the case.
How should a respondent defend a POSH complaint, and what about false complaints?
If you are named as a respondent, reply in writing within the time given, point by point, and attach your evidence. Ask for every document relied on against you. Do not contact the complainant or witnesses to discuss the case; that can be treated as retaliation or witness interference. If the procedure is unfair, raise it in writing during the inquiry, because courts look at whether objections were taken in time.
Section 14 allows action against a woman who makes a complaint she knows to be false, or produces forged or misleading documents. But the same section says that mere inability to substantiate a complaint or provide adequate proof is not grounds for action. Malice must be established through a separate inquiry.
POSH protects only women as complainants. A man who faces harassment can use his employer's policy if it is gender-neutral (many are), the general grievance process, or criminal law where an offence is made out.
Where does an external investigator fit in a POSH case?
The IC's decision cannot be outsourced: it must hear the parties and reach its own findings. But employers sometimes engage an independent fact-finder to support the committee, for example to retrieve and preserve CCTV and access logs, locate former employees who are witnesses, or verify the authenticity of documents. A party may also use a lawful investigator to trace a witness who has left the city or to document facts relevant to an alibi.
What an investigator must not do is pressure witnesses, record the complainant secretly, or access private accounts. If you need structured support for a wider internal matter, our guide to workplace investigations and whistleblower complaints covers non-POSH misconduct, and our corporate investigation service connects employers with verified professionals.
Bottom line
The POSH Act gives women a fast, confidential route with fixed timelines, and gives respondents a right to a fair hearing. File in writing within three months, preserve evidence early, and expect a decision on the balance of probabilities. Employers who skip constituting an IC or rush an inquiry risk both penalties and having the outcome set aside.
Sources & official links
This guide is general information, not legal advice. Laws and procedures change, and every case is different — speak to a lawyer about your situation. In an emergency, call 112.