Workplace sexual harassment in India is governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly called the POSH Act. The law gives every aggrieved woman a clear, time-bound route to redress through an Internal Committee (IC) at her workplace, or a Local Committee (LC) where no IC exists. This guide walks through who can complain, how to file, and exactly what timelines the law sets for the inquiry and outcome.

If you need help drafting a complaint or representing you before an IC, our POSH and workplace harassment lawyers can advise on your specific situation.

The Internal Committee (IC): your first point of contact

Under Section 4 of the POSH Act, every employer with 10 or more employees must constitute an Internal Committee. Its composition is fixed by statute:

A Presiding Officer — a woman employed at a senior level at the workplace.
At least two members from among employees, preferably those committed to the cause of women or with experience in social work or legal knowledge.
One external member from an NGO or association working for women’s causes, or a person familiar with sexual harassment issues.
At least one-half of the total members must be women.

Members hold office for up to three years. An IC that is wrongly constituted (for example, with no external member) can have its proceedings challenged, so this composition matters.

Who can file a complaint

The complaint is normally filed by the aggrieved woman herself, in writing, under Section 9. The Act also recognises that she may not always be able to do so:

Physical incapacity: her relative, friend, co-worker, an officer of the National or State Commission for Women, or any person who has knowledge of the incident — with her written consent.
Mental incapacity: her relative or friend, a special educator, a qualified psychiatrist or psychologist, or a person under whose care she is.
Death: any person with knowledge of the incident, with the written consent of her legal heir.

The three-month filing window

A written complaint must ordinarily be filed within three months of the incident — or, where there is a series of incidents, within three months of the last incident.

The IC may extend this period by a further three months if it is satisfied that circumstances prevented the woman from filing within time, and it must record its reasons in writing for doing so. Practically, you should file as early as possible: delay weakens evidence and complicates the inquiry.

When filing, submit your written complaint along with supporting documents, the names of witnesses, and a description of the incident(s). Where an organisation requires it (and before a Local Committee), several copies of the complaint are typically requested.

Conciliation: an optional first step

Before the inquiry begins, Section 10 allows the IC — only at the written request of the aggrieved woman — to attempt to settle the matter through conciliation. Two important safeguards apply:

Monetary settlement cannot be the basis of any conciliation.
If a settlement is reached, the IC records it and forwards it to the employer; no further inquiry is then conducted.

If conciliation fails, or the woman does not request it, the IC proceeds to a formal inquiry.

The inquiry process and its timelines

If the matter is not conciled, the IC conducts an inquiry under Section 11, following principles of natural justice. The respondent is given a copy of the complaint, both sides may submit documents and witnesses, and the IC has the powers of a civil court to summon people and require evidence. Proceedings are confidential — publishing the identity of the parties or witnesses is itself penalised.

The statutory timelines are strict:

Inquiry must be completed within 90 days of receiving the complaint (Section 11).
The IC must submit its inquiry report to the employer within 10 days of completing the inquiry (Section 13).
The employer must act on the IC’s recommendations within 60 days (Section 13).

A copy of the report is made available to both parties.

Interim reliefs during the inquiry

While the inquiry is pending, the woman is not left unprotected. Under Section 12, on her written request the IC may recommend that the employer:

Transfer the aggrieved woman or the respondent to another workplace.
Grant her leave of up to three months, in addition to her normal leave entitlement.
Restrain the respondent from reporting on her work or writing her appraisal during the inquiry.

The employer is required to implement these recommendations and report back to the IC.

Outcomes and recommendations

If the allegation is proved, the IC can recommend action against the respondent — this may include action for misconduct under the applicable service rules, and compensation to the woman (determined with reference to her mental trauma, loss of career opportunity, medical expenses and the respondent’s income). Compensation can be deducted from the respondent’s salary.

If the allegation is not proved, the IC recommends no action. Importantly, where a complaint is found to be malicious or knowingly false, the IC may recommend action against the complainant — but a mere inability to prove the case is not treated as malicious.

Either party may appeal against the IC’s recommendations (or non-implementation) under Section 18, ordinarily within 90 days, to the court or tribunal prescribed by the applicable service rules.

IC vs Local Committee: small and unorganised workplaces

Not every woman has an IC to approach. Under Sections 6 and 7, the District Officer (usually the District Magistrate or Collector) constitutes a Local Committee in every district to receive complaints:

From workplaces with fewer than 10 employees, where no IC is required; and
Where the complaint is against the employer himself, making an internal inquiry impractical or biased.

This ensures domestic workers, women in the unorganised sector, and employees of very small establishments still have a forum. The Local Committee follows broadly the same inquiry process and timelines as an IC. Complaints to it are routed through the District Officer or designated nodal officer.

Penalties for non-compliance

An employer who fails to constitute an IC, or otherwise breaches the Act, can be fined up to ₹50,000. A repeat offence can attract twice the punishment, cancellation of licence or registration, or withdrawal of business approvals. Employers must also conduct awareness programmes and file an annual report with the District Officer.

Practical takeaways

File your written complaint within three months (extendable by three more on recorded reasons).
The IC must finish its inquiry in 90 days, report in 10 days, and the employer must act within 60 days.
You can seek interim relief (transfer or up to three months’ leave) while the inquiry runs.
Conciliation is optional, at your request only, and cannot be money-based.
No IC, fewer than 10 employees, or the employer is the accused? Approach the Local Committee.

For related protections, you may also find our guides on the legal provisions on sexual harassment of women at the workplace and the Domestic Violence Act useful.

This is general information, not legal advice. Consult our lawyers for advice on your situation.

POSH Complaint Process: How to File with the IC