POSH Act Section 14 — Punishment for false or malicious complaint and false evidence
CHAPTER V INQUIRY INTO COMPLAINT
Service / Employment
Summary
Sub-section (1) deals with false or malicious complaints. If the Internal Committee or the Local Committee concludes that the allegation against the respondent is malicious, or that the aggrieved woman or any other person who made the complaint did so knowing it to be false, or that such person produced a forged or misleading document, the committee may recommend to the employer or the District Officer that action be taken against that woman or person. This action is to be taken in line with the applicable service rules, or, if no such rules exist, in a manner that may be prescribed.
The first proviso to sub-section (1) states that simply being unable to prove a complaint or provide enough evidence does not, by itself, lead to action against the complainant under this section.
The second proviso to sub-section (1) states that malicious intent on the part of the complainant must be established through an inquiry conducted according to the prescribed procedure before any action is recommended.
Sub-section (2) deals with false evidence given during the inquiry. If the Internal Committee or the Local Committee concludes that any witness gave false evidence or produced a forged or misleading document during the inquiry, it may recommend to the witness's employer or the District Officer that action be taken against the witness. This action is to be taken in line with the applicable service rules, or, if no such rules exist, in a manner that may be prescribed.
Official Text
(1) Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed:
Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section:
Provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended.
(2) Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.
