Filing a complaint under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act) is only the first step. Once a complaint is submitted, the law prescribes a structured inquiry process to ensure that the matter is investigated fairly, confidentially, and within specified timelines.
Understanding each stage of the inquiry process helps both employers and employees know what to expect while ensuring compliance with the POSH Act.
Why Is the POSH Inquiry Process Important?
The inquiry process is designed to:
- Ensure fair treatment for both the complainant and the respondent.
- Maintain confidentiality throughout the proceedings.
- Provide timely resolution of complaints.
- Uphold the principles of natural justice.
- Create trust in the organization's grievance redressal mechanism.
Every Internal Committee (IC) must conduct the inquiry objectively and without bias.
Step-by-Step POSH Inquiry Process
Step 1: Complaint Is Filed
The process begins when the aggrieved woman submits a written complaint before the Internal Committee (IC) or the Local Complaints Committee (LCC), as applicable.
The complaint should ordinarily be filed within three months from the date of the incident, subject to extensions permitted under the POSH Act in appropriate cases.
Step 2: Notice Issued to the Respondent (Within 7 Working Days)
After receiving the complaint, the Internal Committee sends a copy of the complaint to the respondent within seven working days.
The respondent is requested to submit a written reply along with any supporting documents and the names of witnesses.
Step 3: Response from the Respondent
The respondent is generally required to submit a written response within the prescribed time, along with any evidence or documents supporting their defence.
Both parties are given an equal opportunity to present their version of events.
Step 4: Inquiry Begins
The Internal Committee initiates a formal inquiry by:
- Recording statements of both parties.
- Examining witnesses.
- Reviewing documentary and digital evidence.
- Conducting hearings while maintaining confidentiality.
The inquiry is carried out in accordance with the principles of natural justice, ensuring fairness to all parties.
Step 5: Completion of Inquiry (Within 90 Days)
The POSH Act requires the Internal Committee to complete its inquiry within 90 days from the receipt of the complaint.
Timely completion of the inquiry helps ensure that justice is neither delayed nor denied.
Step 6: Inquiry Report Submitted (Within 10 Days)
After completing the inquiry, the Internal Committee prepares its findings and submits a written report to the employer within 10 days.
Copies of the report are also provided to both the complainant and the respondent.
Step 7: Employer Takes Action (Within 60 Days)
Upon receiving the inquiry report, the employer is legally required to implement the recommendations of the Internal Committee within 60 days.
Depending on the findings, the recommendations may include:
- Disciplinary action.
- Written apology.
- Warning or reprimand.
- Counselling.
- Termination of employment.
- Other actions permitted under the organization's service rules and applicable law.
Confidentiality Must Be Maintained
Throughout the inquiry process, strict confidentiality must be observed.
The following information should not be disclosed publicly:
- Identity of the complainant.
- Identity of the respondent.
- Witness details.
- Complaint contents.
- Inquiry proceedings.
- Recommendations of the Internal Committee.
Maintaining confidentiality protects the dignity and privacy of everyone involved and preserves the integrity of the inquiry.
Principles Followed During the Inquiry
A fair POSH inquiry is based on the following principles:
- Impartial investigation.
- Equal opportunity to both parties.
- Confidential proceedings.
- Timely completion.
- Evidence-based findings.
- Compliance with the principles of natural justice.
These principles ensure that no individual is unfairly treated during the inquiry process.
How 
Can Help You?
At BizGlobal, we help organizations establish legally compliant inquiry mechanisms under the POSH Act and support Internal Committees throughout the complaint resolution process.
Our services include:
- Drafting POSH Policies and inquiry procedures
- Constitution and guidance for Internal Committees (IC)
- Complaint handling and inquiry process advisory
- POSH compliance audits
- Annual compliance support
- Documentation and legal assistance
- End-to-end POSH consultancy for startups, MSMEs, corporates, educational institutions, hospitals, and NGOs
We also provide professional POSH Training for employees, HR professionals, managers, leadership teams, and Internal Committee members. Our practical training sessions educate organizations on complaint handling, inquiry procedures, legal responsibilities, and best practices for maintaining a safe and respectful workplace.
Conclusion
The POSH inquiry process ensures that complaints of workplace sexual harassment are handled with fairness, confidentiality, and accountability. By adhering to the prescribed timelines and legal procedures, organizations can protect employee rights while maintaining a culture of trust and respect.
An effective inquiry process not only fulfills statutory obligations but also demonstrates an organization's commitment to workplace safety and ethical governance.
Need expert assistance with POSH compliance?
Contact BizGlobal today at +91-7982729187 and get your POSH policy, Internal Committee setup, inquiry process guidance, compliance advisory, and professional POSH training handled by experienced experts.