Workforce · Provision

Section 9 of the POSH Act, 2013 — Filing a Sexual Harassment Complaint, and the Three-Month Limit

A written complaint to the Internal Committee within three months of the incident, or of the last in a series; the committee can allow three more, and a legal heir can complain if she cannot. (Section 9, 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.

Quick Statutory Answer

Under Section 9 of the POSH Act, 2013, an aggrieved woman may make a written complaint of sexual harassment at the workplace to the Internal Committee, or to the Local Committee where the employer has none, within three months of the incident, or of the last incident in a series. The committee must help her put it in writing if she cannot, and may extend the time by up to three more months for reasons recorded in writing. If she cannot complain because of physical or mental incapacity, death or otherwise, her legal heir or another prescribed person may.

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The text of Section 9

9. Complaint of sexual harassment.— (1) Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident: Provided that where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing: Provided further that the Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period. (2) Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section.

What the section does

  • An aggrieved woman may complain in writing to the Internal Committee, or to the Local Committee where the employer has not constituted one.
  • The complaint is due within three months of the incident, and for a series of incidents within three months of the last one.
  • If she cannot put it in writing, the Presiding Officer or any member must give her all reasonable assistance to do so, and the committee may extend the time by up to three months where circumstances prevented a complaint in time.
  • If she cannot complain because of physical or mental incapacity, death or otherwise, her legal heir or another person the Rules prescribe may complain for her.

Section 9 complaint: who, where and by when

Section 9 complaint: who, where and by when
Question Answer Provision
Who can complain The aggrieved woman; if she cannot, her legal heir or another prescribed person s.9(1), (2)
To whom The Internal Committee; the Local Committee where there is none s.9(1)
In what form In writing; the committee must help if she cannot write it herself First proviso to s.9(1)
Time limit Three months from the incident, or from the last of a series s.9(1)
Extension Up to three more months, for reasons recorded in writing Second proviso to s.9(1)

Time to complain

3 months (+3). From the incident, or the last of a series; up to three more months at the committee's discretion, for reasons recorded in writing.

Where people go wrong

  • Refusing a complaint because it is not in writing. The committee must help the woman put it in writing.
  • Counting three months from the first incident in a series. The time runs from the last.
  • Rejecting a late complaint without considering an extension. The committee may allow up to three more months where circumstances prevented a timely complaint.
  • Having no Internal Committee to receive it. The complaint then goes to the Local Committee, and the employer is in breach of section 4.

Common questions

What is the time limit to file a POSH complaint?

Three months from the date of the incident, or of the last incident in a series, under section 9(1). The Internal Committee may extend it by up to three months, for reasons recorded in writing, if circumstances prevented her from complaining in time.

Does a POSH complaint have to be in writing?

Yes, but if she cannot make it in writing, the Presiding Officer or any member of the committee must give her all reasonable assistance to put it in writing.

Who can file a POSH complaint on behalf of the woman?

If she cannot because of physical or mental incapacity, death or otherwise, her legal heir or another person the Rules prescribe, under section 9(2).

Where is a complaint filed if the employer has no Internal Committee?

With the Local Committee, under section 9(1). Not having an Internal Committee at a workplace with ten or more workers is itself a breach punishable under section 26.

Act on this

  • Section 11 — the inquiry that follows
  • Section 4 — constituting the Internal Committee
  • POSH policy format
  • Internal Committee constitution order

Other provisions

  • Section 11, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
  • Section 26, 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 4, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
  • Section 19, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
  • Section 21, 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.