False Complaints: What Are the Consequences Under Section 14 Of POSH Act?

This article is written by Atishay Jain, a former UPSC aspirant and a core member of the ApniLaw team. With a keen interest in public law and workplace rights, he brings clarity to complex legal topics like the POSH Act. For any personal queries or suggestions, feel free to reach out to us through our official channel.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, was enacted to create safer workplaces for women across India. While the law serves as a powerful tool to address genuine cases of sexual harassment, it also recognizes the need to deter misuse. Section 14 of the POSH Act specifically deals with false or malicious complaints and outlines the consequences for filing them. In this article, we explore what constitutes a false complaint under the Act, the safeguards in place to prevent misuse, and the legal implications for those found guilty of making such complaints.

What Is Section 14 Of The NDPS Act?

If the Internal Committee (IC) or Local Committee (LC) finds that a complaint is false or made with malicious intent, it can recommend action. This applies when:

1. The allegation is knowingly false.
   The complainant submits forged or misleading documents.
2. In such cases, the IC or LC may suggest disciplinary action to the employer or District Officer. This action should follow the service rules applicable to the person. If no such rules exist, prescribed procedures will apply.
   Inability to prove a complaint does not mean it is false.
3. The committee must confirm malicious intent through a proper inquiry before suggesting action.
4. If any witness gives false evidence or submits fake or misleading documents during the inquiry, the IC or LC can act.
5. They may recommend the employer or District Officer to take action under service rules. If service rules don’t exist, prescribed methods will be followed.

What Are The Penalties for Filing False Complaints Under the POSH Act?

Under Section 14 of the Prevention of Sexual Harassment (POSH) Act, 2013, individuals who knowingly file false or malicious complaints, or submit forged or misleading documents, may face disciplinary action.

Penalties are determined based on the organization’s service rules. If no such rules exist, the IC or LC may recommend appropriate actions as prescribed.

Possible Penalties Include:

Written apology
Warning
Reprimand or censure
Withholding of promotion
Withholding of pay rise or increments
Termination of service
Mandatory counselling session
Community service

These measures aim to deter misuse of the POSH Act while ensuring genuine complaints are addressed appropriately.

How Can The Internal Committee Determine If A Complaint Is False Under the POSH Act?

Under Section 14(1) of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), the Internal Committee (IC) or Local Committee (LC) is empowered to recommend action against a complainant only if it concludes that the complaint was made with malicious intent or was knowingly false. This determination must be based on a thorough and impartial inquiry.

1. Unbiased Approach. The IC must approach every complaint with neutrality, ensuring no prejudice influences the inquiry process. Even if the complaint’s credibility is in question, it must be formally accepted and investigated without bias.
2. Evidence of Malicious Intent. Action against the complainant can only be recommended if the IC finds concrete evidence that the complaint was made with malicious intent or was knowingly false. This is explicitly stated in Section 14(1).
3. Inability to Substantiate False Complaint. The POSH Act clarifies that merely failing to substantiate a complaint or provide adequate proof does not automatically render the complaint false. This provision ensures that genuine complainants are not penalized due to insufficient evidence.

Recent Case Law on Section 14 of the POSH Act

1. Anita Suresh vs. Union of India & Others (Delhi High Court, 2015)

In this case, the Delhi High Court imposed a fine of ₹50,000 on the complainant for filing a false complaint and misusing the provisions of the POSH Act. The court emphasized that the Act should not be misused to harass others with baseless allegations. ([Mondaq][1])

2. Union of India vs. Reema Srinivasan Iyengar (Madras High Court, 2019)

The Madras High Court observed that while the POSH Act aims to protect women at the workplace, it should not be misused to harass others with exaggerated or non-existent allegations. The court highlighted the need to differentiate between unproven complaints and those filed with malicious intent.

3. Shankarlal Namdeo vs. The State of Madhya Pradesh & Others (Madhya Pradesh High Court, 2024)

In this case, the Madhya Pradesh High Court quashed the transfer order of a sub-inspector, ruling that the transfer, based solely on the pendency of internal complaints committee proceedings, amounted to undue victimization. The court noted that the complainant’s non-cooperation had stalled the inquiry. There was no recommendation from the committee to justify the transfer.

Conclusion

The POSH Act mandates that the IC or LC must conduct a fair and thorough inquiry to determine the veracity of a complaint. Only when there is clear evidence of malicious intent or knowingly false allegations can action be recommended against the complainant. This approach balances the need to protect individuals from false accusations while ensuring that genuine complaints are addressed appropriately.