For Internal Committee members and HR
POSH Internal Committee FAQ: questions committee members ask
Answers for Internal Committee members and HR on running a case under the POSH Act. Rule 7 of the 2013 Rules sets the inquiry procedure where the respondent’s service rules do not (Section 11(1)).
Written by Manas Editorial Team · Last updated · Checked against the official text
Complaints and notices
How does a complaint reach the committee?
Is a WhatsApp message a valid POSH complaint?
It can be. A message or email the woman wrote herself can be a complaint in writing if she means it as one and it can be saved for later reference (Information Technology Act, 2000, Section 4). Note the date it was received: the 7 working days to send it to the respondent run from it (Rule 7(2)), while the 3-month limit for complaining runs from the incident (Section 9(1)). For a call or an in-person report, help her put it in writing (Section 9(1)). Keep chats only in the confidential case file.
Can the Internal Committee act on an anonymous complaint?
No. The POSH Act does not provide for anonymous complaints: the aggrieved woman makes the complaint (Section 9), and the respondent must receive it and be heard (Rule 7(2) and 7(4)). The employer can still take general preventive steps, such as awareness sessions.
Who presides if the complaint is against the Presiding Officer?
Another woman employed at a senior level, nominated by the employer for that case. The POSH Act does not cover this situation directly, so follow the company’s POSH policy and Section 4(2): a senior woman employee presides (clause (a)), at least one-half of the members are women (proviso), and the external member does not preside.
What must the Internal Committee send the respondent, and by when?
Within 7 working days of receiving the complaint, a copy of it with her supporting documents and the names and addresses of her witnesses (Rule 7(1) and 7(2)). The respondent replies within 10 working days of receiving them, with his documents and the names and addresses of his witnesses (Rule 7(3)).
Can an Internal Committee send notices by email?
Yes. The POSH Act and Rules do not prescribe how notices are delivered, and the Information Technology Act, 2000 treats an electronic record that can be accessed later as meeting a requirement for writing (Section 4). Keep proof of receipt for every notice, such as a confirmation of receipt.
Hearings
How does the committee run hearings?
What is the quorum for an Internal Committee hearing?
At least three members, including the Presiding Officer (Rule 7(7)). Without the quorum, reschedule the hearing instead of hearing anyone, and record the members present at every sitting in the minutes.
Can a lawyer represent either side before the Internal Committee?
No. Neither the complainant nor the respondent may bring a legal practitioner to represent them in the proceedings before the Committee (Rule 7(6)). Each side presents its own case and witnesses.
Can POSH hearings be held online?
Yes. The POSH Act and Rules do not require hearings to be held in person. If a hearing is online, the Committee should verify each person’s identity, make sure each person is alone in a private place, keep the quorum, not record without everyone’s consent, and keep signed minutes as usual.
What if the respondent does not reply, or a party stops attending hearings?
The Committee goes ahead with the inquiry. If the complainant or the respondent misses three consecutive hearings without sufficient cause, the Committee may end the proceedings or decide ex parte, but only after 15 days’ written notice to that party (Rule 7(5)).
Can the Internal Committee summon witnesses?
Yes. It has the powers of a civil court to summon and enforce attendance, examine anyone on oath, and require documents to be produced (Section 11(3)). The employer must help secure the attendance of the respondent and witnesses (Section 19).
What should a member with a conflict of interest do?
Step aside from that case and record it. Good POSH policies, including the ones Manas drafts, then have the employer nominate a replacement for that case, keeping the Committee’s composition under Section 4: a senior woman presiding, at least one-half women, and the external member.
Outcome
How does a case end?
Can a complainant withdraw a POSH complaint?
The POSH Act does not provide for withdrawal. The Committee should make sure it is her free choice and not the result of pressure, take the request in writing, record the reasons, and watch for victimisation afterwards.
What standard of proof does an Internal Committee use?
The balance of probabilities: on the evidence of both sides, is it more likely than not? Not “beyond reasonable doubt”, which is the criminal standard. The report sets out the evidence and the reasons for each allegation.
Do the complainant and respondent get the POSH inquiry report?
Yes. The report goes to the employer within 10 days of completing the inquiry and must be made available to both parties (Section 13(1)). Where both are employees, each gets a copy of the findings and may make a representation against them before the Committee (Section 11(1)).
What if the employer does not act on the Internal Committee’s recommendations?
The employer must act within 60 days (Section 13(4)). Not acting on them is an offence punishable with a fine of up to ₹50,000 (Section 26(1)); on a later conviction for the same offence, up to twice that, and the business licence or registration may be cancelled or not renewed (Section 26(2)). A party can also appeal against non-implementation (Section 18).
The numbers
Which time limits apply during an inquiry?
| Copy of the complaint to the respondent | Within 7 working days of receiving itRule 7(2) |
|---|---|
| Respondent’s reply | Within 10 working days of receiving the documentsRule 7(3) |
| Notice before ending a case or deciding ex parte | 15 days, in writingRule 7(5), after 3 consecutive hearings missed without sufficient cause |
| Quorum | At least 3 members, including the Presiding OfficerRule 7(7) |
| Inquiry | Completed within 90 daysSection 11(4) |
| Report of findings | Within 10 days of completing the inquirySection 13(1) |
| Employer acts on the recommendations | Within 60 daysSection 13(4) |
| Appeal | Within 90 days of the recommendationsSection 18(2) |
The law behind the answers
Which rules do these answers rely on?
- Section 4: who sits on the Internal Committee (our notes on section 4).
- Section 9: the complaint, in writing, within 3 months of the incident (or the last one in a series); the committee may extend this by up to 3 months for reasons recorded in writing.
- Section 11: the inquiry, the civil-court powers in section 11(3), and the 90-day limit in section 11(4).
- Section 13: the inquiry report and the employer’s 60 days to act.
- Rule 7 of the POSH Rules, 2013: copies, replies, hearings, no lawyers and the quorum (more on the 2013 Rules).
- Section 26: the fine of up to ₹50,000 for an employer who does not act.
How Manas helps
How does Manas support Internal Committees?
We prepare the committee’s documents and keep the case file in a private online portal, where each notice, reply and hearing is recorded with its date. Dr. Priya Dubey Sharma, Founder & Consulting Psychologist, serves as the external member on client committees. See how it works on our POSH compliance page, or run the free 2-minute committee check. For more answers, read the POSH FAQ.
Sources
Where does this page come from?
- The POSH Act, 2013: official PDF on India Code (Act No. 14 of 2013) ↗
- The POSH Rules, 2013: Gazette of India, G.S.R. 769(E), 9 December 2013 (scan on a Government S3WaaS site, PDF pages 18 to 20) ↗
- Information Technology Act, 2000 on India Code (section 4, legal recognition of electronic records, is cited in the answers) ↗
- The Act and the 2013 Rules on Indian Kanoon (convenience copies) ↗
Last checked against these sources on . The Act’s text is reproduced with our commentary (Copyright Act, 1957, s.52(1)(q)(ii)); Gazette rules and court judgments under s.52(1)(q)(i) and (iv). General information, not legal advice. Manas is not a law firm.
More in the library:
- POSH Act, 2013 explained
- Section 21 of the POSH Act: the committee’s annual report
- Section 22 of the POSH Act: POSH cases in the employer’s annual report
- POSH Rules, 2013: what the annual report must contain (Rule 14)
- Section 4 of the POSH Act: who sits on the Internal Committee
- POSH glossary: key terms of the POSH Act and Rules
For employees: POSH FAQ for employees, plain answers on your rights and how to complain
POSH enquiries
Want a second pair of eyes on your committee?
Run the free check, or talk to Manu Anirudh Sharma, who handles POSH enquiries at Manas.
Manu Anirudh Sharma · +91 95843 22224 · manu@manas365.com
