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Chapter IV · Complaint

Section 11

Inquiry into complaint

Statutory textCounsel-reviewed publication
Subject to the provisions of section 10, the Internal Committee or the Local Committee, as the case may be, shall, where the respondent is an employee, proceed to make inquiry into the complaint in accordance with the provisions of the service rules applicable to the respondent and where no such rules exist, in such manner as may be prescribed or in case of a domestic worker, the Local Committee shall, if prima facie case exist, forward the complaint to the police, within a period of seven days for registering the case under section 509 of the Indian Penal Code (45 of 1860), and any other relevant provisions of the said Code where applicable:
where the aggrieved woman informs the Internal Committee or the Local Committee, as the case may be, that any term or condition of the settlement arrived at under sub-section (2) of section 10 has not been complied with by the respondent, the Internal Committee or the Local Committee shall proceed to make an inquiry into the complaint or, as the case may be, forward the complaint to the police:
where both the parties are employees, the parties shall, during the course of inquiry, be given an opportunity of being heard and a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee.
Notwithstanding anything contained in section 509 of the Indian Penal Code (45 of 1860), the court may, when the respondent is convicted of the offence, order payment of such sums as it may consider appropriate, to the aggrieved woman by the respondent, having regard to the provisions of section 15.
For the purpose of making an inquiry under sub-section (1), the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908) when trying a suit in respect of the following matters, namely:—
summoning and enforcing the attendance of any person and examining him on oath;
requiring the discovery and production of documents; and
any other matter which may be prescribed.
The inquiry under sub-section (1) shall be completed within a period of ninety days.

Transcribed from the official India Code source for reading and comparison. PIH plain-language guidance is editorial and separate; this page is not legal advice.

Source: India Code, Ministry of Law and Justice, Government of IndiaRetrieved: 2026-09-10India Code PDF, pp. 8–9India Code PDF — last updated 31 August 2021

Plain Language

If the respondent is an employee, the committee must conduct a formal inquiry. The inquiry follows applicable service rules first; if none exist, it follows the prescribed procedure.

In the special case of a domestic worker, the Local Committee must forward the complaint to the police within seven days for registration if a prima facie case exists. The Act does not make every complaint against a non-employee a Section 11 police-referral case.

Where both parties are employees, both must be given an opportunity of being heard and a copy of the findings so they can make a representation before the Committee.

If the respondent is convicted of the offence, the court may order payment of an appropriate sum to the aggrieved woman with regard to Section 15.

During the inquiry, the committee has civil-court-style powers: it can summon witnesses, examine them on oath, and require document production.

The inquiry under Section 11(1) must be completed within ninety days from the date it commenced.

Current-law note (editorial; not part of the statutory transcription): The enacted Act text contains references to the Indian Penal Code and section 509. The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. Current criminal-law analysis must consider the BNS and applicable savings/transitional provisions; the corresponding present-law offence should be assessed under BNS Section 79 where applicable.

Why It Matters

The ninety-day timeline creates urgency and prevents inquiries from dragging on indefinitely. Delays erode trust and can prejudice both parties.

The civil-court powers give the committee teeth — it can compel attendance and evidence, not just request cooperation.

The Act's domestic-worker proviso is narrower than a general non-employee rule. Applying the police-referral route requires the statutory domestic-worker context and a prima facie case.

The service-rules-first approach means employers with existing disciplinary procedures must integrate the POSH inquiry into those procedures.

Practical Example

Scenario: An IC begins an inquiry into a complaint. The respondent refuses to attend hearings and refuses to produce documents.

Outcome: The Committee has the statutory powers in Section 11(3) to summon and examine persons on oath and require discovery and production of documents, subject to the applicable procedure.

Scenario: A domestic worker makes a complaint to the Local Committee and the material supports a prima facie case.

Outcome: The Local Committee must forward the complaint to the police within seven days for registration under IPC Section 509 and any other relevant provisions where applicable.

Scenario: An IC has been conducting an inquiry for 100 days without completing it.

Outcome: The statutory completion period has been exceeded. The Committee and employer should document the delay, address the cause, and complete the inquiry without further avoidable delay.

Who Must Act

ic member

  • Conduct the inquiry in accordance with applicable service rules or the prescribed procedure.
  • Use civil-court-style powers responsibly: summon witnesses, examine on oath, require document production.
  • Complete the inquiry within ninety days from commencement.
  • In the domestic-worker case covered by Section 11(1), forward the complaint to the police within seven days if a prima facie case exists.
  • Give both employee parties an opportunity of being heard and provide both with a copy of the findings for representation before the Committee.

employer

  • Make witnesses, records, and attendance available so the committee can meet the ninety-day window.
  • Integrate POSH inquiry procedures with existing service rules and disciplinary processes.
  • Do not obstruct or delay the inquiry process.

employee

  • Participate in the applicable statutory process and use the opportunity of being heard where both parties are employees.
  • Cooperate with the inquiry process, including attending hearings and producing relevant documents.

Compliance

✓

Inquire into the complaint in accordance with service rules or prescribed procedure

Actor: IC / LC · Rule: Section 11(1)

✓

In the domestic-worker case covered by Section 11(1), forward the complaint to the police within seven days where a prima facie case exists

Actor: IC / LC · Rule: Section 11(1)

✓

Give both employee parties an opportunity of being heard and make a copy of findings available for representation

Actor: IC / LC · Rule: Section 11(1) second proviso

✓

Complete the inquiry within ninety days from commencement

Actor: IC / LC · Rule: Section 11(4)

Timelines

Inquiry completion: 90 days

The inquiry must be completed within ninety days from the date on which the inquiry was commenced.

Police forwarding in domestic-worker case: 7 days where the domestic-worker proviso applies

Where the complaint concerns a domestic worker and a prima facie case exists, the Local Committee must forward it to the police within seven days.

Common Mistakes

✗

Treating the ninety-day completion period as optional — delay should be documented and actively addressed.

✗

Not using civil-court-style powers when the respondent or witnesses are uncooperative — the committee has the tools and should use them.

✗

Treating every non-employee respondent as falling within the domestic-worker police-referral proviso — the statutory trigger is narrower.

✗

Starting the ninety-day clock from the date of complaint rather than the date the inquiry was commenced.

✗

Failing to follow service rules where they exist — the prescribed procedure is the fallback, not the default.

Related Sections

§9Complaint of sexual harassment — Section 9 governs the complaint filing that precedes the inquiry under Section 11§10Conciliation — Conciliation under Section 10 is attempted, if at all, before the inquiry under Section 11 begins§4Constitution of Internal Committee — The inquiry powers are set out in Section 11(3); Section 4 does not create a separate civil-court-powers provision§13Inquiry report — The inquiry under Section 11 concludes with a report under Section 13§14Punishment for false or malicious complaint — Section 14 applies if the inquiry concludes the complaint was malicious§15Determination of compensation — If the allegation is proved, compensation is determined under Section 15

Related Rules

Rule 7Manner of inquiry into complaint — Rule 7 prescribes the manner of inquiry supporting the Section 11 process. Official Rules source

Practical PIH resources

These are separate PIH editorial, training, or support destinations. They are not substitutes for the official Act source or a statutory complaint forum.

Internal Committee trainingProcess and inquiry capability-building for committee membersInquiry process resourcesPIH editorial resources, subject to their own review and publication status

Source & Status

Source and review statusPublication ready
Source version
India Code PDF — last updated 31 August 2021
Source location
India Code PDF, pp. 8–9
Retrieved

View the official record page

Statutory blocks are kept separate from PIH plain-language and operational guidance. The reading copy is not legal advice.

Legal review status: counsel-reviewed. All sections have valid documentary counsel evidence and publication signals are enabled.

Judicial material: no verified judicial interpretation is published in this reading copy. Judicial analysis is a separate layer from the statutory transcription and PIH editorial guidance.