False or Malicious Complaints under the POSH Act: Section 14

The POSH Act protects women who complain, but it does not protect the misuse of the process. Section 14 allows the committee to recommend action against a complainant whose allegation is malicious or known to be false, or who produces forged documents, and against a witness who gives false evidence. Two provisos guard against deterring genuine complaints. This note covers section 14 and Rule 10.

1. Action against the Complainant: Section 14(1)

The three grounds

Figure 1: The three grounds

Grounds. Where the committee concludes that the allegation is malicious, or the aggrieved woman or other complainant has made it knowing it to be false, or has produced a forged or misleading document.
Against whom. The woman, or the person who complained on her behalf under s.9(2)
Recommendation. To the employer or District Officer, to take action under the applicable service rules or, where none exist, in the manner prescribed.
Rule 10. Where no service rules apply, the action is one or more of the Rule 9 penalties (Topic 14)

2. The Safeguards

Provisos to section 14(1)

Figure 2: Provisos to section 14(1)

First proviso. A mere inability to substantiate the complaint or provide adequate proof does not attract action against the complainant.
Second proviso. The malicious intent of the complainant must be established after an inquiry, in accordance with the prescribed procedure, before any action is recommended.
Why it matters. Harassment often happens without witnesses or records. A complaint that fails for want of proof is not, for that reason, false.

3. False Evidence by a Witness: Section 14(2)

Grounds. Where the committee concludes during the inquiry that a witness has given false evidence or produced a forged or misleading document.
Recommendation. To the employer of the witness or the District Officer, to take action under the witness's service rules or, where none exist, as prescribed.

Section 14(1) and section 14(2)

Figure 3: Section 14(1) and section 14(2)

⚠ Exam trap

Section 14 does not punish an unproved complaint. Action against the complainant needs a finding that the allegation is malicious, was made knowing it to be false, or rests on forged or misleading documents, and malicious intent must be established after an inquiry. A witness who gives false evidence or produces forged documents may also face action under s.14(2). Where no service rules apply, the penalties are those in Rule 9, applied through Rule 10.

4. Frequently Asked Questions

Can a woman be punished if her POSH complaint is not proved?

Not merely because it is not proved. The first proviso to s.14(1) states that inability to substantiate the complaint or provide adequate proof does not attract action. Action is possible only if the committee finds, after an inquiry, that the complaint was malicious, knowingly false or based on forged or misleading documents.

What action can be taken against a witness who lies to the committee?

Under s.14(2), the committee may recommend that the witness's employer or the District Officer take action under the witness's service rules or, where none apply, in the prescribed manner.

Who decides that a POSH complaint is malicious?

The committee, after an inquiry held in accordance with the prescribed procedure, as the second proviso to s.14(1) requires. It then recommends action to the employer or District Officer, who acts on it.

Can a recommendation under section 14 be appealed?

Yes. Section 18 and Rule 11 allow a person aggrieved by a recommendation under s.14(1) or s.14(2), or by its non-implementation, to appeal (Topic 18).

5. Related Topics

Topic 9: Filing a Complaint, Section 9. Who complains and how.
Topic 14: Inquiry Report and Action, Section 13. The Rule 9 penalties.
Topic 18: Appeal, Section 18. Appeal against a s.14 recommendation.