POSH Act Section 11 — Inquiry into complaint

Summary

Sub-section (1) states that, subject to the provisions of section 10, the Internal Committee or the Local Committee must conduct an inquiry into the complaint when the respondent is an employee. This inquiry is to be done according to the service rules that apply to the respondent, and if no such rules exist, it is done in the manner that may be prescribed. In the case of a domestic worker, the Local Committee must, if a prima facie case exists, forward the complaint to the police within seven days for registering a case under section 509 of the Indian Penal Code and any other relevant provisions of that Code where applicable.

The first proviso to sub-section (1) says that if the aggrieved woman informs the Internal Committee or the Local Committee that any term or condition of the settlement arrived at under sub-section (2) of section 10 has not been complied with by the respondent, then the Committee shall proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police.

The second proviso to sub-section (1) says that when both the parties are employees, the parties shall, during the course of the inquiry, be given an opportunity of being heard, and a copy of the findings shall be made available to both parties so that they can make a representation against the findings before the Committee.

Sub-section (2) states that, notwithstanding anything contained in section 509 of the Indian Penal Code, the court may, when the respondent is convicted of the offence, order the respondent to pay such sums as the court considers appropriate to the aggrieved woman, having regard to the provisions of section 15.

Sub-section (3) states that for the purpose of making an inquiry under sub-section (1), the Internal Committee or the Local Committee shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908, when trying a suit, in respect of the following matters: (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; and (c) any other matter which may be prescribed.

Sub-section (4) states that the inquiry under sub-section (1) shall be completed within a period of ninety days.

Official Text

(1) Subject to the provisions of section 10, the Internal Committee or the Local Committee, as the case may be, shall, where the respondent is an employee, proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent and where no such rules exist, in such manner as may be prescribed or in case of a domestic worker, the Local Committee shall, if prima facie case exist, forward the complaint to the police, within a period of seven days for registering the case under section 509 of the Indian Penal Code (45 of 1860), and any other relevant provisions of the said Code where applicable:

Provided that where the aggrieved woman informs the Internal Committee or the Local Committee, as the case may be, that any term or condition of the settlement arrived at under sub-section (2) of section 10 has not been complied with by the respondent, the Internal Committee or the Local Committee shall proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police:

Provided further that where both the parties are employees, the parties shall, during the course of inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee.

(2) Notwithstanding anything contained in section 509 of the Indian Penal Code (45 of 1860), the court may, when the respondent is convicted of the offence, order payment of such sums as it may consider appropriate, to the aggrieved woman by the respondent, having regard to the provisions of section 15.

(3) For the purpose of making an inquiry under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:—

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents; and

(c) any other matter which may be prescribed.

(4) The inquiry under sub-section (1) shall be completed within a period of ninety days.

Sections referred to

• IPC §509 — Word, gesture or act intended to insult the modesty of a woman
• POSH Act §10 — Conciliation
• POSH Act §15 — Determination of compensation

Referred to by

• POSH Act §10 — Conciliation
• POSH Act §29 — Power of appropriate Government to make rules

Related Judgments

• DR. SOHAIL MALIK vs UNION OF INDIA & ANR — Supreme Court of India (2025)
• ABC vs 1. Internal Complaints Committee, Constituted under the POSH Act — Bombay High Court (Mumbai Principal Seat) (2025)
• AURELIANO FERNANDES vs STATE OF GOA AND OTHERS — Supreme Court of India (2023)