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POSH Act 2013 · BNS Section 75 · ICC & SHe-Box Matters

Workplace Sexual Harassment
Lawyer in Delhi — POSH Act Cases

Global Vision Law Firm provides expert, confidential legal representation in workplace sexual harassment cases under the POSH Act 2013 — whether you are an employee who has faced harassment and need to file a complaint, or a person facing allegations who needs a fair, well-represented defense. We also advise companies on POSH compliance, ICC formation and policy drafting.

For Employees / Complainants

Facing harassment at work? We help you file a written complaint with the ICC or LCC, navigate the SHe-Box portal, pursue a parallel criminal complaint under BNS Section 75, and represent you throughout the inquiry and any appeal.

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For Respondents / Accused

Received a notice from an ICC or facing a sexual harassment allegation? We help you respond factually, ensure due process and natural justice during the inquiry, and protect your career and reputation through fair representation.

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250+
POSH Matters Handled
12+
Years Experience
100%
Confidential Handling
2Sides
We Represent Both
⚖ POSH Act 2013 Specialists 🔒 Strictly Confidential 📝 ICC & SHe-Box Filing 🛡 Respondent Defense 🏢 Employer Compliance

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Understanding the Law

What is the POSH Act, 2013?

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 — commonly called the POSH Act — is India's primary law addressing sexual harassment at the workplace. It grew out of the Supreme Court's landmark Vishaka Guidelines (1997) and creates a mandatory redressal mechanism for every workplace in India.

Every organisation with 10 or more employees must constitute an Internal Committee (IC), commonly called the ICC, to receive and inquire into complaints. For smaller establishments, complaints go to the government-constituted Local Committee (LCC) at the district level.

"Sexual harassment" includes unwelcome physical contact, demands or requests for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal or non-verbal conduct of a sexual nature. The Act covers both a quid pro quo situation and a hostile work environment.

⚖ 2026 Amendment — Coverage Expanded

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Rules, 2026 extend protection under this framework to men and transgender employees for the first time — a historic expansion of workplace harassment protections in India.

Two Legal Pathways

POSH (Civil/Workplace) vs BNS Section 75 (Criminal)

One of the most important things to understand: the POSH Act inquiry and a criminal case are two separate, parallel pathways. You can pursue one or both, and they lead to very different consequences.

P

POSH Act — Internal Committee Inquiry

A workplace-level inquiry by the ICC/LCC leading to disciplinary outcomes — warning, transfer, suspension, termination, or compensation to the complainant. Confidential, civil in nature.

C

BNS Section 75 — Criminal Complaint

Filed with the police, this is a criminal proceeding (replacing the earlier IPC Section 354A) that can lead to arrest, prosecution and imprisonment of up to 3 years for unwelcome physical contact, demands for sexual favours or showing pornography; up to 1 year for sexually coloured remarks.

📌 Both Routes Can Run Together

An ICC inquiry does not prevent you from filing a criminal complaint, and vice versa. The Bombay High Court and other courts have clarified that ICCs should encourage complainants who allege criminal conduct to also approach the police — the two processes are independent.

Who Handles Your Complaint?

Internal Committee (ICC) vs Local Committee (LCC)

Which body has jurisdiction over your complaint depends on the size and nature of the workplace. Getting this right at the outset avoids delays and jurisdictional challenges.

🏢 Internal Committee (IC / ICC)

Mandatory for every employer — government, private, NGO — with 10 or more employees at each office or branch. Must include a Presiding Officer (senior woman employee), at least 2 employee members, and one external member from an NGO or with relevant expertise.

  • Handles complaints from employees of that organisation
  • Must complete inquiry within 90 days
  • Report submitted to employer within 10 days of completion
  • Employer must act on recommendations within 60 days

🏛 Local Committee (LC / LCC)

Constituted by the District Officer in every district to receive complaints where: the establishment has fewer than 10 employees, the complaint is against the employer himself, or the complainant is a domestic worker or works in the unorganised sector.

  • Same inquiry process and timelines as the ICC
  • Provides a redressal avenue where no ICC exists
  • The 2025 Supreme Court ruling clarified employer-level complaints route to LCC
  • SHe-Box portal routes complaints to the correct IC or LC

⏳ Critical: 3-Month Limitation Period (Extendable to 6 Months)

Under Section 9 of the POSH Act, a complaint must be filed within 3 months of the incident (or the last incident, in case of a series of incidents). The Committee may extend this by another 3 months — total 6 months — if satisfied that circumstances prevented earlier filing. In Vaneeta Patnaik v. Nirmal Kanti Chakrabarti (2025), the Supreme Court upheld dismissal of a complaint filed beyond this period without sufficient explanation. If you are considering filing a complaint, time matters — consult a lawyer immediately to ensure the limitation point is addressed properly.

For Employees & Complainants

How to File a Workplace Sexual Harassment Complaint

If you have experienced unwelcome conduct of a sexual nature at work — whether a single serious incident or a pattern of behaviour — here is how the process works, and how our lawyers support you at every stage.

1

Confidential Legal Consultation

We listen to your account in a safe, confidential setting, assess whether the conduct falls within the POSH Act's definition of sexual harassment, and explain your options — ICC complaint, SHe-Box, criminal complaint under BNS Section 75, or a combination.

2

Drafting the Written Complaint

A written complaint to the ICC/LCC is mandatory — the Delhi High Court has confirmed that without a written complaint, an Internal Committee has no jurisdiction to inquire. We help you draft a clear, factual, well-structured complaint with dates, incidents and any supporting material.

3

Filing — ICC, LCC or SHe-Box Portal

We help you identify the correct committee and, where applicable, file through the SHe-Box portal (shebox.wcd.gov.in) — the centralised government complaint mechanism that routes your complaint to the appropriate IC or LC for inquiry.

4

Parallel Criminal Complaint (If Applicable)

If the conduct also amounts to an offence under BNS Section 75 (or related provisions such as Section 78 for stalking), we assist with filing a police complaint / FIR — a separate, parallel process that can proceed alongside the ICC inquiry.

5

Representation During the Inquiry

We help you prepare for your statement before the ICC, organise evidence and witnesses, and ensure the inquiry follows the timelines and procedure mandated by law — including your right to be heard and to have the proceedings kept confidential.

6

Outcome & Appeal

If the ICC's report and the employer's action do not adequately address your complaint, we help you file an appeal under Section 18 before the appropriate court within 90 days, and pursue compensation where warranted.

🔒 Confidentiality is a Legal Right

Section 16 of the POSH Act mandates that the identity of the complainant, respondent, witnesses and details of the inquiry must remain confidential — disclosure can itself attract penalties. Safe Spaces guidance notes that even copying unrelated recipients on internal emails can violate this. We ensure your confidentiality is protected throughout.

For Respondents & Persons Accused

Facing a Sexual Harassment Complaint? Your Right to a Fair Process

Being named as a respondent in an ICC inquiry — or facing a criminal allegation — is serious and can affect your career, reputation and liberty. Every person is entitled to a fair, lawful inquiry conducted with due process. Here is how we help.

1

Immediate Confidential Consultation

The moment you receive a notice from an ICC, an HR communication, or learn of a police complaint — speak to a lawyer before responding to anyone. We review the complaint, the notice, and the ICC's constitution and jurisdiction.

2

Drafting a Factual, Point-by-Point Response

We help you prepare a clear written response addressing each allegation factually and professionally — without contacting the complainant, which can itself be treated as retaliation or intimidation under the Act.

3

Ensuring Due Process & Natural Justice

The ICC must follow principles of natural justice — proper notice, opportunity to be heard, opportunity to present witnesses and evidence, and an impartial committee correctly constituted under the Act. We monitor the process closely and raise objections where procedure is not followed.

4

Evidence & Witness Preparation

We help you identify and organise documentary evidence, communication records, and witnesses relevant to your defense, and prepare you for your statement before the Committee.

5

Criminal Defense (If FIR is Filed)

If a parallel criminal complaint under BNS Section 75 or related provisions is filed, we provide full criminal defense representation — including anticipatory bail applications where required, and representation before the police and trial court.

6

Challenging Findings & Appeal

If the ICC's findings are not based on evidence, were arrived at without following due process, or the limitation period under Section 9 was not properly applied, we help you challenge the report and the employer's action through an appeal under Section 18 or a writ petition before the High Court.

⚖ False Complaints — Section 14, POSH Act

The POSH Act recognises that complaints must be made in good faith. Section 14 provides that where the Committee concludes that an allegation was false or malicious, or that the complainant produced forged or misleading documents, action can be recommended against the complainant — though this is applied cautiously and a complaint that is simply not proven on the available evidence is not automatically "false." We help respondents present this defense where the facts genuinely support it, while always maintaining a professional, evidence-based approach.

Our Services

Complete POSH & Workplace Harassment Legal Services

From individual representation to organisation-wide compliance — we cover every aspect of workplace sexual harassment law.

01
Complainant
📝

ICC / LCC Complaint Drafting & Filing

We draft a clear, legally sound written complaint covering the relevant incidents, dates and evidence, and file it with the correct Internal Committee, Local Committee, or via the SHe-Box portal — ensuring the limitation period is properly addressed.

Get Help →
02
Complainant

Criminal Complaint — BNS Section 75

Where conduct also amounts to a criminal offence, we assist with filing a police complaint or FIR under BNS Section 75 (sexual harassment) or Section 78 (stalking) — pursued alongside, or independent of, any ICC proceeding.

Get Help →
03
Respondent
🛡

Responding to ICC Notice / Allegation

If you have received a complaint notice, we help you prepare a calm, factual written response, advise you on what to do (and what not to do) during the inquiry, and represent your interests at every stage.

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04
Respondent

ICC Inquiry Representation

We help you prepare your statement, identify and present supporting evidence and witnesses, and ensure the Committee follows the procedure, timelines and principles of natural justice required under the POSH Act and Rules.

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05
Respondent
🔎

Criminal Defense — Sexual Harassment FIR

Full criminal defense representation if an FIR is registered under BNS Section 75 or related provisions — including anticipatory bail applications, representation before the investigating officer, and trial court proceedings.

Get Help →
06
Both Sides
📄

Appeal Against ICC Findings — Section 18

Whether you are dissatisfied as a complainant with the outcome, or as a respondent believe the findings were flawed, we help file an appeal before the appropriate court or tribunal within the 90-day window under Section 18.

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07
Employer
🏢

ICC Formation & POSH Policy Drafting

We help organisations constitute a legally compliant Internal Committee, draft POSH policies aligned with the 2026 amendment (covering men and transgender employees), and register on the SHe-Box portal as required by various state governments.

Get Help →
08
Employer
🎓

ICC Member Training & Inquiry Guidance

We provide legal training to ICC members on conducting a fair inquiry — covering procedure, evidence standards, natural justice, confidentiality obligations and the legal risks of a flawed inquiry — to help organisations conduct legally defensible proceedings.

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09
Employer
📊

Board Report Disclosure Compliance

Under the Companies (Accounts) Second Amendment Rules 2025 (effective July 2025), companies must disclose sexual harassment complaint data in the Board's Report. We help ensure your ICC records and disclosures meet this requirement.

Get Help →
Which Route is Right?

POSH (ICC Inquiry) vs Criminal Complaint (BNS Sec 75) — Compared

Both routes are valid and can be pursued together. Here is how they differ — useful for both complainants deciding their strategy and respondents understanding what they may be facing.

ParameterPOSH Act / ICC InquiryCriminal Complaint (BNS Sec 75)
Where FiledInternal Committee (ICC) or Local Committee (LCC)Police station / FIR
Nature of ProceedingWorkplace / civil inquiryCriminal prosecution
Possible OutcomesWarning, transfer, suspension, termination, compensation to complainantArrest, prosecution, fine, imprisonment up to 3 years
Time Limit to File3 months (extendable to 6 months) — Section 9No fixed limitation for cognizable offences, but earlier is always better for evidence
Inquiry Timeline90 days for inquiry + 10 days for reportDepends on investigation and court process — can take longer
ConfidentialityMandatory under Section 16 — identities protectedFIRs are generally accessible; identity protections differ by case type
Burden of ProofPreponderance of probability (civil standard)Beyond reasonable doubt (criminal standard)
Can Run in Parallel?Yes — independent of criminal proceedingsYes — independent of ICC inquiry
AppealSection 18 — appeal to court within 90 days of recommendationsStandard criminal appeal process through courts
Who We Represent

Across All Types of Workplaces & Sectors

The POSH Act applies to every workplace — from large corporates to startups, NGOs and even work-from-home arrangements. We have represented individuals and organisations across sectors.

🏢

Corporates & MNCs

Employees and management across IT, BFSI, manufacturing and services firms.

🏫

Government Offices

Public sector employees and officials under both ICC and LCC processes.

🏫

Educational Institutions

Faculty, staff and students in colleges and universities, including HEI-specific frameworks.

🏥

Hospitals & Healthcare

Doctors, nursing staff and hospital administration in medical institutions.

🤝

NGOs & Non-Profits

Staff and volunteers in non-governmental and civil society organisations.

🚀

Startups

Founders and employees in early-stage companies setting up first-time ICC frameworks.

🏭

Manufacturing & Factories

Workers and supervisory staff, including unorganised sector matters before LCCs.

💼

Domestic Workers

Complaints from domestic workers handled through the Local Committee mechanism.

Why Choose Us

Why Global Vision Law Firm for POSH Matters?

Workplace harassment matters require sensitivity, discretion and deep procedural knowledge — for whichever side you represent.

01

We Represent Both Complainants and Respondents

Because we understand both perspectives of POSH proceedings, we bring a complete, balanced understanding of how ICCs evaluate evidence and procedure — whichever side you are on, we know what the other side's lawyer is likely to argue.

02

Strict Confidentiality at Every Step

We understand the sensitivity of these matters. Every consultation, document and communication is handled with the highest level of discretion — in line with the confidentiality obligations under Section 16 of the POSH Act itself.

03

Dual-Track Expertise — POSH + Criminal Law (BNS)

Many lawyers handle only the ICC process or only criminal matters. We handle both — essential when a complaint involves a parallel criminal angle under BNS Sections 74, 75 or 78, ensuring a coordinated strategy across both proceedings.

04

Up to Date with 2025-26 Legal Developments

From the Supreme Court's limitation ruling in Vaneeta Patnaik v. Nirmal Kanti Chakrabarti, to the Delhi High Court's clarification on ICC jurisdiction in X v. Akademi, to the 2026 amendment extending coverage to men and transgender persons — we stay current on every development that could affect your case.

05

Employer Compliance — Avoid Penalties

For employers, we help ensure a properly constituted ICC, compliant policies, SHe-Box registration, and Board's Report disclosures — avoiding penalties of up to Rs 50,000 under Section 26 and reputational risk from non-compliance.

Our Track Record

250+
POSH Matters Handled
12+
Years Experience
2Sides
Complainant & Respondent
100%
Confidential
⚖ ICC · LCC · Criminal Courts · High Court
Full coverage across all forums for workplace harassment matters
Client Experiences

What Our Clients Say

Shared with consent, with identifying details removed to protect confidentiality.

"

After months of feeling unsure about what to do, I finally consulted Global Vision Law Firm. They explained the entire ICC process clearly, helped me draft my complaint properly, and stood by me through the inquiry. I finally felt heard and supported throughout.

C
Complainant
IT Sector, Gurugram
"

Being named in a complaint at work was the most stressful experience of my career. The team helped me prepare a calm, factual response and made sure the inquiry followed proper procedure. I am grateful for the professional and non-judgmental support during a very difficult time.

R
Respondent
Manufacturing Sector, Delhi NCR
"

As a growing startup, we had no formal POSH policy or ICC in place. Global Vision Law Firm helped us set up a fully compliant Internal Committee, drafted our policy, and trained our team — giving us confidence that we are doing right by our employees and meeting our legal obligations.

H
HR Head
Startup, Noida
FAQ

Frequently Asked Questions — POSH & Workplace Harassment

Real questions from both employees and individuals facing allegations — answered clearly and confidentially.

For Complainants

Under Section 9 of the POSH Act 2013, a complaint must be filed within 3 months of the date of the incident. In case of a series of incidents, the limitation period runs from the date of the last incident. The Internal Committee or Local Committee has discretion to extend this by another 3 months (total 6 months) if satisfied that circumstances prevented earlier filing. In Vaneeta Patnaik v. Nirmal Kanti Chakrabarti (2025), the Supreme Court upheld dismissal of a complaint filed beyond this period without sufficient explanation — so prompt legal consultation is critical.

For Respondents

Do not panic, and do not contact the complainant directly under any circumstances — this can be treated as intimidation. Carefully read the complaint and the ICC's notice to understand the allegations and the response deadline. Engage a POSH defense lawyer immediately to prepare a factual, point-by-point written response, gather supporting evidence and witness lists, and ensure the ICC follows due process and principles of natural justice throughout the inquiry.

General

The Internal Committee (IC, commonly called ICC) must be constituted by every employer having 10 or more employees at each office or branch. The Local Committee (LC or LCC) is constituted at the district level by the government to handle complaints from establishments with fewer than 10 employees, complaints against the employer himself, or from domestic workers and the unorganised sector. Both follow a similar inquiry process under the POSH Act.

For Complainants

Yes. The POSH Act inquiry before the ICC and a criminal complaint under Section 75 of the Bharatiya Nyaya Sanhita 2023 (which replaced IPC Section 354A) operate as parallel and independent remedies. An ICC inquiry results in workplace disciplinary action such as warning, transfer, suspension or termination, while a criminal case under BNS can lead to arrest, prosecution and imprisonment. Many complainants pursue both routes for maximum protection.

General

The Internal Committee is required to complete its inquiry within 90 days of receiving the complaint and submit its report to the employer within 10 days of completion. The employer must act on the recommendations within 60 days. If either party is aggrieved by the findings or the employer's action, an appeal can be filed under Section 18 before the appropriate court within 90 days of the recommendations.

General

The original POSH Act 2013 protected only women employees. However, the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Rules 2026 have extended protection under this framework to men and transgender employees for the first time — a significant expansion. Organisations should update their internal policies to reflect this broadened coverage.

For Employers

Yes. Under Section 26 of the POSH Act, an employer who fails to constitute an Internal Committee, fails to act on its recommendations, or contravenes any other provision can be penalised with a fine of up to Rs 50,000. Repeat contraventions can result in higher penalties or cancellation of business licences/registration. From July 2025, companies must also disclose sexual harassment complaint data — received, disposed of, and pending beyond 90 days — in their Board's Report under the Companies (Accounts) Second Amendment Rules 2025.

For Complainants

If the harassment is from your direct manager or someone senior, document every incident with dates, locations and any witnesses as soon as possible. If the complaint is against the employer himself or someone exercising effective control over the workplace, the Delhi High Court (X v. Akademi, August 2025) clarified that the Internal Committee may not have jurisdiction — such complaints may need to go to the Local Committee (LCC) instead. Consult a lawyer early to identify the correct forum and avoid jurisdictional delays.

For Complainants

The SHe-Box (Sexual Harassment electronic-Box) at shebox.wcd.gov.in is a centralised online complaint mechanism by the Ministry of Women & Child Development, relaunched in August 2024. A complaint filed on SHe-Box is routed to the appropriate IC or LC selected by the complainant — it does not replace the statutory inquiry but channels the complaint to the body that must conduct it within 90 days. Several states, including Delhi, have made ICC registration on this portal mandatory for employers.

General

Yes. A single incident can constitute sexual harassment if it meets the statutory threshold of "unwelcome conduct of a sexual nature" under Section 2(n) of the POSH Act. The law recognises both quid pro quo harassment (where employment benefits are linked to compliance with a sexual demand) and the creation of a hostile work environment through repeated or even one-off conduct, depending on severity.

For Respondents

Section 14 of the POSH Act allows the Committee to recommend action against a complainant where it concludes the allegation was false or malicious, or that forged or misleading documents were produced. However, this provision is applied cautiously — a complaint that is simply not proven to the Committee's satisfaction on the evidence available is not automatically treated as "false". Respondents seeking to invoke Section 14 should do so through a lawyer who can present this as part of an evidence-based defense, not as a standalone retaliatory tactic.

For Complainants

No — retaliation against a complainant for filing a genuine complaint is itself a serious violation of the POSH Act and natural justice principles. If you face termination, demotion, or any adverse action linked to your complaint, this can form the basis of a separate grievance, an appeal under Section 18, and potentially a claim before the labour courts. We help complainants document and respond to any retaliatory action immediately.

General

Yes. The definition of "workplace" under the POSH Act is broad and has been interpreted by courts to cover situations beyond a physical office — including conduct occurring through official communication channels, work-related events, and during remote/hybrid work arrangements where the connection to employment is established. Online harassment connected to work — including via official chat groups, video calls or email — can fall within the Act's scope.

Both Sides

Either the complainant or the respondent, if aggrieved by the recommendations of the Internal Committee or the action (or inaction) taken by the employer, can file an appeal under Section 18 before the court or tribunal specified under the relevant service rules, within 90 days of the recommendations. This is a critical safeguard — for complainants who feel the outcome was inadequate, and for respondents who believe the inquiry was procedurally flawed or the findings unsupported by evidence.

General

Fees depend on whether the matter involves complaint drafting and filing only, full representation through an ICC inquiry, a parallel criminal matter, or organisation-wide compliance work. The first consultation is confidential and free, after which we provide a transparent written fee estimate before any engagement — whether you are a complainant, a respondent, or an employer seeking compliance support.

Both Sides

No — this would be a clear conflict of interest, and Global Vision Law Firm would never represent both parties in the same matter. What we mean by "representing both sides" is that, across our practice, we take on complainant matters in some cases and respondent matters in others (never in the same dispute), which gives our lawyers a well-rounded, balanced understanding of how POSH proceedings are conducted and evaluated from every angle.

Need Confidential Legal Help on a
POSH or Workplace Harassment Matter?

Whether you need to file a complaint, have received a notice, or need to set up POSH compliance for your organisation — our lawyers provide confidential, professional guidance. Free, confidential first consultation.

📞
Call / WhatsApp — Confidential
📍
Office — New Delhi

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