Workforce · Provision
The inquiry runs under the service rules or the prescribed procedure, both sides are heard and see the findings, the committee has civil-court powers, and it has ninety days to finish. (Section 11, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.) In force since 9 December 2013 · The IPC section it cites, s.509, is now s.79 of the Bharatiya Nyaya Sanhita, 2023 · Text checked against India Code on 25 October 2026.
Quick Statutory Answer
Under Section 11 of the POSH Act, 2013, once a complaint is made and no conciliation under section 10 has settled it, the Internal Committee inquires into it under the service rules that apply to the respondent or, where there are none, the procedure in the Rules. Where both parties are employees, each must be heard and given a copy of the findings to respond to. For the inquiry the committee has a civil court's powers to summon and examine witnesses on oath and to require documents. The inquiry must be completed within ninety days.
11. Inquiry into complaint.— (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 under 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.
| Point | Rule | Provision |
|---|---|---|
| Procedure | The respondent's service rules; where none exist, the procedure in the Rules | s.11(1) |
| Settlement not honoured | If a section 10 settlement is breached, the inquiry goes ahead | First proviso to s.11(1) |
| Fair hearing | Both parties heard and given the findings to respond to, where both are employees | Second proviso to s.11(1) |
| Powers | A civil court's powers to summon, examine on oath and require documents | s.11(3) |
| Time limit | Ninety days | s.11(4) |
| Domestic worker | The Local Committee forwards a prima facie case to the police within seven days | s.11(1) |
90 days. From the start of the inquiry under section 11(4). The report then follows within ten days under section 13.
It must be completed within ninety days under section 11(4). The Internal Committee then gives its report within ten days under section 13.
The powers of a civil court under the Code of Civil Procedure, 1908 to summon and enforce the attendance of any person and examine them on oath, to require documents, and any other matter the Rules prescribe (section 11(3)).
Before the inquiry, by conciliation under section 10 at the woman's request, though not on the basis of a monetary settlement. If the respondent breaks the settlement, the inquiry goes ahead under section 11.
The Act still cites section 509 of the Indian Penal Code. Since 1 July 2024 the corresponding offence is section 79 of the Bharatiya Nyaya Sanhita, 2023.
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