POSH Act Revision Chart: Numbers, Process and Traps

This final note brings the POSH Act series together for revision. It sets out the complaint process from filing to appeal, gathers every number and time limit, compares the two committees, and lists the definitions, cases and traps examiners return to. Each item points to the topic where it is explained in full.

1. The Process at a Glance

Figure 1: Complaint to appeal

2. Every Number in One Place

Figure 2: Numbers and periods in the Act and Rules

• Rule 7 figures. Six copies of the complaint; copy to respondent in seven working days; reply in ten working days; three missed hearings and fifteen days' notice before ex parte; quorum of three (Topic 11)
• Fees. Rs 200 per day to the Internal Committee's NGO member and Local Committee members; Rs 250 to the Local Committee Chairperson (Topic 26)
• Rule 4. Five years' experience for a social worker to qualify as familiar with sexual harassment issues.

3. The Two Committees Compared

Figure 3: Internal Committee and Local Committee

4. Definitions to Know Exactly

• Aggrieved woman, s.2(a). A woman of any age, employed or not, who alleges sexual harassment at a workplace; or, in a dwelling place or house, a woman of any age employed there (Topic 3)
• Sexual harassment, s.2(n) and s.3. Unwelcome physical contact and advances, demand or request for sexual favours, sexually coloured remarks, showing pornography, or other unwelcome sexual conduct; and the five circumstances in s.3(2) (Topic 4)
• Workplace, s.2(o). Includes any place visited by the employee arising out of or during employment, including transport provided by the employer, and a dwelling place or house (Topic 5)
• Employer, s.2(g). The person responsible for management, supervision and control of the workplace; the employer-employee link decides the contested sectors (Topic 25)

5. Leading Cases in One Line

• Vishaka (1997). Articles 14, 15, 19(1)(g) and 21; guidelines until legislation.
• A.K. Chopra (1999). Physical contact is not necessary.
• Medha Kotwal Lele (2012). Committee is the inquiring authority; report is the inquiry report.
• Vijayakumaran (2020). Stigmatic termination needs a regular inquiry.
• Durgesh Kuwar (2020). Retaliatory transfer quashed.
• Aureliano Fernandes (2023). Hasty inquiry vitiated; nationwide directions on committees.
• Political parties (2025) and advocates (2025). Act inapplicable without an employer-employee relationship.

6. Most Frequent Traps

• Conciliation. Only at the woman's request and never on a monetary basis; a settlement ends the inquiry unless breached (Topic 10)
• Domestic workers. The Local Committee does not inquire; it forwards a prima facie case to the police within seven days (Topic 11)
• Lawyers. Not allowed before the committee at any stage, Rule 7(6) (Topic 11)
• Failed complaint. Inability to prove a complaint is not malice; action under s.14 needs malice established after inquiry (Topic 15)
• Interim relief. Only on her written request; not appealable under s.18 (Topics 13 and 18)
• Confidentiality. Overrides the RTI Act but not the parties' right to the report (Topic 17)
• Penalty. Section 26 punishes the employer, not the harasser; offences are non-cognizable and tried by a Metropolitan Magistrate or Judicial Magistrate first class (Topic 22)
• Criminal law. Section 354A IPC is now s.75 BNS; s.509 IPC is now s.79 BNS (Topic 23)

7. Frequently Asked Questions

What are the main time limits under the POSH Act?

Complaint within three months, extendable by three (s.9); inquiry within ninety days (s.11(4)); report within ten days of completion (s.13(1)); employer action within sixty days (s.13(4)); appeal within ninety days (s.18(2)).

When did the POSH Act come into force?

On 9 December 2013, the date on which the POSH Rules, 2013 were also notified.

8. Related Topics

• Topic 1: Background, Object and Scheme. Where the series begins.
• Topic 26: POSH Rules 2013. Every rule mapped to the Act.
• Topic 27: Leading Cases. The cases in detail.