POSH Act Penalty and Cognizance: Sections 26 to 30

The POSH Act enforces the employer's duties with a criminal penalty. Section 26 punishes an employer who fails to constitute an Internal Committee, ignores the committee's recommendations or breaks other provisions, and escalates the consequences on a repeat conviction. Section 27 controls who may set the law in motion and which court tries the offence. Sections 28 to 30 close the Act. This note covers all five.

1. Penalty: Section 26(1)

Figure 1: Section 26(1)

• Who. The employer; s.26 does not punish the harasser, whose liability lies in criminal law and service rules.
• (a) Internal Committee. Fails to constitute an Internal Committee under s.4(1)
• (b) Recommendations and reports. Fails to take action under s.13 (inquiry report), s.14 (false complaints) or s.22 (annual report)
• (c) Other contraventions. Contravenes, or attempts or abets contravention of, other provisions of the Act or the Rules.
• Punishment. Fine which may extend to fifty thousand rupees.

2. Repeat Conviction: Section 26(2)

Figure 2: Section 26(2)

An employer convicted again of an offence under the Act is liable to twice the punishment imposed on the first conviction, subject to the maximum provided for the same offence. Where another law provides a higher punishment, the court takes due cognizance of it. The employer is also liable to cancellation of its licence, or withdrawal or non-renewal of the registration, required for carrying on its business or activity.

3. Cognizance: Section 27

Figure 3: Section 27

• Section 27(1). No court shall take cognizance except on a complaint made by the aggrieved woman or a person authorised by the Internal or Local Committee.
• Section 27(2). No court inferior to a Metropolitan Magistrate or Judicial Magistrate of the first class shall try the offence.
• Section 27(3). Every offence under the Act is non-cognizable.
• Effect. The police cannot register and investigate on their own; the prosecution begins with a complaint to the magistrate.

4. The Closing Provisions

Figure 4: Sections 28 to 30

• Section 28. The Act is in addition to, and not in derogation of, any other law for the time being in force; criminal and other remedies survive (Topic 23)
• Section 29. The Central Government makes rules on fees, NGO nominees, complaints by others, inquiry, interim relief, action, appeal, workshops and annual reports; they are laid before Parliament.
• Section 30. The Central Government may remove difficulties by order consistent with the Act, but not after two years from commencement.

5. Frequently Asked Questions

What is the penalty for not constituting an Internal Committee?

A fine of up to fifty thousand rupees under s.26(1). On a second or later conviction, twice the punishment, subject to the maximum, and possible cancellation of the licence or registration needed for the business under s.26(2).

Are offences under the POSH Act cognizable?

No. Section 27(3) makes every offence under the Act non-cognizable, and the court takes cognizance only on a complaint by the aggrieved woman or a person authorised by the Internal or Local Committee.

6. Related Topics

• Topic 19: Duties of Employer, Section 19. The duties s.26 enforces.
• Topic 21: Annual Reports and Monitoring. Default under s.22.
• Topic 23: POSH and Criminal Law. Liability of the harasser.