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.
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.
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.
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