An Internal Committee inquiry under the 2013 sexual harassment Act runs on clocks of three months, 90 days, ten days and 60 days

Under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, an employer must constitute an Internal Committee (named the Internal Complaints Committee in section 4(1)) by written order, and the inquiry that follows runs on fixed periods: a complaint within three months of the incident, extendable by up to three months, an inquiry completed within 90 days, a report within ten days of completion, action by the employer within 60 days of the recommendation, and an appeal within 90 days. The Act does not say from which day the 90 days begin, and a fine of up to INR 50,000 under section 26 attaches to a failure to constitute the Committee or to act under sections 13, 14 and 22.

Who sits on the Internal Committee?

Section 4(1) requires every employer of a workplace to constitute the Committee by an order in writing. Where offices or administrative units sit at different places or levels, one is constituted at each. Section 4 states no headcount. The figure of ten appears in section 6(1), which sends a complaint to the Local Complaints Committee of the district where an Internal Committee has not been constituted "due to having less than ten workers", or where the complaint is against the employer himself.

Section 4(2) fixes the membership. The Presiding Officer must be a woman employed at a senior level at the workplace. If none is available the choice moves to other offices of the workplace, then to another workplace of the same employer or another organisation. Beside her there must be not fewer than two members from among employees, preferably committed to the cause of women or with experience in social work or legal knowledge, and one member from a non-governmental organisation (NGO) or association committed to the cause of women, or a person familiar with issues relating to sexual harassment. At least half of all members must be women. The smallest Committee is therefore four people, at least two of them women.

Each member holds office for the period the employer specifies, not exceeding three years. Section 4(5) removes a member who breaches section 16, faces a pending or decided criminal or disciplinary matter, or abuses the position, and the seat is filled by fresh nomination. The employer pays the external member INR 200 a day of proceedings, with travel reimbursed (Rule 3). In conducting the inquiry, Rule 7(7) requires at least three members, including the Presiding Officer, at every sitting.

When must a complaint be made, and can the period be extended?

An aggrieved woman may complain in writing, under section 9(1), within three months of the incident, or, for a series of incidents, within three months of the last. The Committee may extend it by no more than three months, for reasons recorded in writing, if circumstances prevented her from filing in time.

Within seven working days the Committee sends one copy to the respondent, who has ten working days from receipt to file a reply with documents and witnesses (Rule 7(2) and (3)).

What does conciliation under section 10 allow?

Before it begins an inquiry, and only at the aggrieved woman's request, the Committee may take steps to settle the matter between her and the respondent. The proviso bars a monetary settlement as a basis of conciliation. A recorded settlement goes to the employer to act on, and under section 10(4) no further inquiry is held. If she later reports non-compliance with a term, the first proviso to section 11(1) requires an inquiry.

How is the inquiry under section 11 run?

Where the respondent is an employee, the Committee inquires in accordance with the service rules applicable to the respondent, and where there are none, in the manner prescribed. Rule 7(4) requires the principles of natural justice. Where both parties are employees each must be heard, and a copy of the findings must be made available to both so that they can make representations against the findings before the Committee. Section 11(3) gives the Committee a civil court's powers to summon witnesses, examine them on oath and require documents.

Where the aggrieved woman is a domestic worker, section 11(1) takes a different course: the Local Committee, if a prima facie case exists, forwards the complaint to the police within seven days for registration of a case under section 509 of the Indian Penal Code, 1860. The Code was repealed by section 358(1) of the Bharatiya Nyaya Sanhita, 2023 with effect from 1 July 2024, and the reference is now read, under section 8(1) of the General Clauses Act, 1897, as a reference to section 79 of the Sanhita, the offence of a word, gesture or act intended to insult the modesty of a woman. Section 11(2) lets the court that convicts the respondent order him to pay the aggrieved woman a sum fixed with regard to section 15.

Rule 7(6) bars either party from bringing a legal practitioner at any stage before the Committee. Rule 7(5) lets the Committee end the inquiry, or decide ex parte, if a party fails without sufficient cause to appear at three consecutive hearings, but not without fifteen days' written notice to that party. Section 11(4) fixes the time: the inquiry "shall be completed within a period of ninety days".

What interim relief can the Committee recommend?

While an inquiry is pending, and on the aggrieved woman's written request, section 12(1) lets the Committee recommend that the employer transfer her or the respondent to another workplace, grant her leave of up to three months, or grant other relief the Rules prescribe. Rule 8 adds restraining the respondent from reporting on her work or writing her confidential report. Under section 12(3) the employer must implement it and report back.

What must the report say, and what must the employer do?

Section 13(1) requires the report to be provided to the employer within ten days of completing the inquiry and to be made available to the parties. If the allegation is not proved, the Committee recommends no action. If it is proved, it recommends action for sexual harassment as misconduct under the service rules, and a deduction from the respondent's salary or wages of a sum payable to the aggrieved woman.

Section 15 has the Committee weigh her mental trauma and distress, loss of career opportunity, medical expenses, the respondent's income and financial status, and whether payment can be made in a lump sum or instalments. Where no service rules exist, Rule 9 lists the action that may be recommended, from a written apology, warning or censure to withholding of promotion or increments, counselling, community service or termination. Section 13(4) gives the employer 60 days from receipt of the recommendation to act on it.

What happens to a false complaint?

Section 14(1) lets the Committee recommend action against a complainant who made a malicious or knowingly false complaint, or produced a forged or misleading document. Two provisos limit the power. A mere inability to substantiate a complaint or provide adequate proof need not attract action, and malicious intent must be established after an inquiry before any action is recommended. Section 14(2) reaches a witness who gave false evidence.

What does section 16 keep confidential?

Notwithstanding the Right to Information Act, 2005, section 16 bars making known to the public, press and media the contents of the complaint, the identity of the aggrieved woman, respondent and witnesses, the conciliation and inquiry proceedings, the recommendations and the employer's action. The proviso permits information on the justice secured to a victim, without identifying particulars. A person entrusted with the complaint who breaches the section is liable to penalty under the service rules or, where there are none, in the prescribed manner (section 17), and Rule 12 has the employer recover INR 5,000 from that person as penalty.

What does the employer report each year?

Section 21(1) requires the Committee to prepare an annual report for each calendar year and submit it to the employer and the District Officer. Rule 14 lists its content: complaints received in the year, complaints disposed of, cases pending for more than 90 days, workshops or awareness programmes carried out, and the nature of action taken by the employer or District Officer. Section 22 requires the employer to include the number of cases filed and their disposal in its own annual report, or, where none is required, to intimate the number to the District Officer.

What is the penalty for default?

Section 26(1) fines an employer up to INR 50,000 for failing to constitute an Internal Committee, to act under sections 13, 14 and 22, or to comply with other provisions of the Act or Rules. On a second conviction for the same offence, section 26(2) allows twice the punishment, subject to the maximum provided for the offence, and cancellation, withdrawal or non-renewal of a licence or registration needed for the business. Under section 27 the offence is non-cognizable and a court takes cognizance only on a complaint by the aggrieved woman or a person the Committee authorises.

When can a recommendation be appealed?

Section 18(1) lets any person aggrieved by a recommendation under section 13(2) or 13(3), section 14(1) or (2) or section 17, or by non-implementation of a recommendation, appeal to the court or tribunal named in the service rules applicable to that person. Where there are none, the appeal is made in the manner prescribed, and Rule 11 names the appellate authority notified under clause (a) of section 2 of the Industrial Employment (Standing Orders) Act, 1946. Section 18(2) fixes 90 days from the recommendations.

How do the periods run in one illustrative case?

The following is a hypothetical, with invented dates, and assumes that the 90 days for the inquiry are counted from receipt of the complaint, and the 90 days for an appeal from the day the recommendation reaches the employer.

• 3 March 2026: the incident. The three months end on 3 June 2026; an extension could carry the last day to 3 September 2026.
• 20 March 2026: a written complaint is filed. The copy to the respondent goes within seven working days, and his reply is due within ten working days of receiving it.
• 10 June 2026: the inquiry is completed, so the report is due by 20 June 2026. On the assumption above, the 90th day is 18 June 2026.
• 20 June 2026: the employer receives the recommendation. The 60 days to act end on 19 August 2026, and the 90 days to appeal end on 18 September 2026.

What remains unsettled?

The Act says the inquiry is to be completed within 90 days but does not say from when. The date of the complaint, of its receipt and of service on the respondent each gives a different last day. The same is true of the 90 days for an appeal, which run "of the recommendations" without saying whether that means the date of the report or the date a party receives it.

The Act gives no consequence for a report that is late or an inquiry that outlasts 90 days, beyond reporting cases pending for more than 90 days in the annual report. "Senior level" for the Presiding Officer is not defined. Rule 4 explains who counts as a person familiar with issues of sexual harassment, but it is made for section 7(1)(c), which concerns the Local Committee, and the Rules contain no matching definition for section 4(2)(c). Section 14 requires an inquiry "in accordance with the procedure prescribed" before action against a complainant, yet Rule 10 deals only with the action.