Workforce · Provision

Section 26 of the POSH Act, 2013 — What Non-Compliance Costs

A fine of up to ₹50,000 for failing to constitute an Internal Committee or to comply with the Act, and more on repetition. (Section 26, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.) In force since 9 December 2013 · Text checked against India Code on 25 October 2026.

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The text of Section 26

26. Penalty for non-compliance with provisions of Act.— (1) Where the employer fails to— (a) constitute an Internal Committee under sub-section (1) of section 4; (b) take action under sections 13, 14 and 22; and (c) contravenes or attempts to contravene or abets contravention of other provisions of this Act or any rules made thereunder, he shall be punishable with fine which may extend to fifty thousand rupees. (2) If any employer, after having been previously convicted of an offence punishable under this Act subsequently commits and is convicted of the same offence, he shall be liable to— (i) twice the punishment, which might have been imposed on a first conviction, subject to the punishment being maximum provided for the same offence: Provided that in case a higher punishment is prescribed under any other law for the time being in force, for the offence for which the accused is being prosecuted, the court shall take due cognizance of the same while awarding the punishment; (ii) cancellation, of his licence or withdrawal, or non-renewal, or approval, or cancellation of the registration, as the case may be, by the Government or local authority required for carrying on his business or activity.

What the section does

  • Where an employer fails to constitute an Internal Committee, fails to act on the recommendations of the committee, fails to file the annual report, or contravenes any other provision of the Act or its rules, the employer is punishable with a fine which may extend to ₹50,000.
  • On a repeat offence, the punishment may be twice that provided, and can extend to cancellation of a licence or withdrawal or non-renewal of a registration required for carrying on the business.
  • The obligation to constitute the committee arises under section 4 for every workplace with ten or more employees, counted without regard to the form the employment takes.
  • The annual report obligation runs to the District Officer, and its omission is itself a contravention the section reaches.

Fine

up to ₹50,000. Twice that on a repeat offence, with licence or registration consequences available.

Where people go wrong

  • Counting only employees on the payroll. The threshold takes in workers engaged on other terms as well.
  • Constituting a committee on paper without the external member the Act requires.
  • Treating the annual report as optional once a committee exists.
  • Assuming the fine is the whole exposure. The licence and registration consequences on repetition are the part that stops a business trading.

Common questions

What is the penalty for not having an Internal Committee?

A fine of up to ₹50,000 under section 26 of the POSH Act, 2013. A repeat contravention can attract twice that punishment and the cancellation or non-renewal of a licence or registration needed to run the business.

At what size does an Internal Committee become mandatory?

Ten or more employees at a workplace, under section 4 of the Act.

Is filing the annual report part of compliance?

Yes. Failing to file it is a contravention section 26 covers, alongside failing to constitute the committee or to act on its recommendations.

Act on this

  • Section 4 — constituting the Internal Committee
  • POSH policy template
  • Employee threshold checker

Other provisions

  • Section 9, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
  • Section 4, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
  • Section 11, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
  • Section 21, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
  • Section 13, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
  • Section 19, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act

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About this summary

The section in its own words, with a plain-English explanation of what it requires. Not legal advice: take advice on anything turning on your own facts.