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Chapter V · Inquiry & Relief

Section 14

Punishment for false or malicious complaint and false evidence

Statutory textCounsel-reviewed publication
Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed:
a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section:
the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended.
Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.

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, p. 10India Code PDF — last updated 31 August 2021

Plain Language

If the committee finds that the complaint was made maliciously, knowing it was false, or with forged documents, it may recommend action against the complainant.

If a witness gave false evidence or produced forged documents, the committee may recommend action against that witness.

Critically, the inability to prove a complaint is NOT the same as a malicious complaint — the proviso expressly protects complainants and witnesses who simply could not substantiate their case.

Malicious intent must be established after an inquiry in accordance with the prescribed procedure before any action can be recommended against the complainant.

Why It Matters

This section is intentionally narrow. It exists to deter deliberate abuse of the complaint mechanism, not to punish women who cannot prove their case.

The proviso is a critical safeguard: a complaint that fails on merits is not automatically a false complaint.

Misusing Section 14 to silence or deter legitimate complaints is itself a compliance failure.

The prescribed inquiry requirement adds a procedural safeguard against arbitrary invocation.

Practical Example

Insufficient evidence is not malice

Scenario: A complainant files a complaint but is unable to provide sufficient evidence. The IC finds the allegation not proved.

Outcome: The IC cannot recommend action under Section 14. Inability to substantiate a complaint does not make it malicious. The proviso expressly protects this situation.

Forged evidence

Scenario: During the inquiry, the IC discovers that the complainant fabricated chat messages and submitted forged screenshots.

Outcome: After establishing the relevant malicious intent through the prescribed inquiry process, the IC may recommend action under Section 14 for producing forged or misleading documents.

Misuse of Section 14

Scenario: An HR manager pressures the IC to invoke Section 14 because the complainant could not prove her case.

Outcome: The IC must refuse. The proviso is clear: inability to substantiate is not grounds for action under this section. Pressuring the IC in this manner is a compliance failure.

Who Must Act

ic member

  • Never invoke Section 14 just because evidence was insufficient.
  • Establish malicious intent through an inquiry conducted in accordance with the prescribed procedure before recommending action against a complainant.
  • Record the basis for concluding malicious intent clearly and with specificity.

employer

  • Do not pressure the committee to invoke Section 14 as a deterrent or retaliation.
  • Understand that a complaint that cannot be proved is not automatically a false complaint.

employee

  • A complaint that cannot be proved is not automatically a bad-faith complaint — you are protected by the proviso.
  • Do not produce forged or misleading documents — this can attract action under Section 14.

Compliance

✓

Establish malicious intent through an inquiry conducted in accordance with the prescribed procedure before recommending action against a complainant

Actor: Internal Committee / Local Committee · Rule: Section 14(1) second proviso

✓

Do not treat inability to substantiate a complaint as grounds for action under this section

Actor: Internal Committee / Local Committee · Rule: Section 14, Proviso

Common Mistakes

✗

Treating a complaint that could not be proved as a 'false complaint' — the proviso expressly protects this situation.

✗

Invoking Section 14 without establishing malicious intent through the prescribed inquiry procedure.

✗

Using Section 14 as a deterrent to discourage complaints — this defeats the protective purpose of the Act.

✗

Conflating 'not proved' with 'malicious' — these are legally distinct concepts.

Related Sections

§13Inquiry report — Section 14 recommendations are included in the inquiry report submitted under Section 13§9Complaint of sexual harassment — Section 14 operates in relation to complaints filed under Section 9§18Appeal — Action recommended under Section 14 may be appealed under Section 18

Related Rules

Rule 10Action for false or malicious complaint or false evidence — Rule 10 supplies the prescribed procedure where Section 14 action is recommended and service rules do not apply Official Rules source

Source & Status

Source and review statusPublication ready
Source version
India Code PDF — last updated 31 August 2021
Source location
India Code PDF, p. 10
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.