Cognizance of offence by courts

Section OverviewPending legal verification

No court shall take cognizance of any offence punishable under this Act or any rules made thereunder save on a complaint made by the aggrieved woman or any person authorised by the Internal Committee or the Local Committee, as the case may be, in this behalf.

No court other than that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.

Every offence under this Act shall be non-cognizable.

Temporary structural and explanatory content only; it is not a verbatim reproduction. Complete statutory text and legal commentary will be integrated after separate legal verification.

Source: Ministry of Law and Justice, Government of IndiaRetrieved: 2024-01-15

Plain Language

Courts can only take up offences under the Act if the complaint comes from the aggrieved woman herself or from a person authorised by the committee.

Only a Metropolitan Magistrate or a Judicial Magistrate of the first class can try offences under the Act — lower courts have no jurisdiction.

All offences under the Act are non-cognizable, meaning the police cannot arrest without a warrant or investigate without a magistrate's order.

Why It Matters

The complaint-driven cognizance requirement means offences under the Act do not become automatic police matters — the aggrieved woman or the committee controls whether a court proceeding is initiated.

The non-cognizable classification preserves the Act's focus on structured, committee-led redressal rather than criminal prosecution as the default path.

The magistrate-level jurisdiction requirement ensures offences are tried by courts with adequate experience and authority.

Practical Example

Scenario: An employer repeatedly fails to constitute an IC and the District Officer wants the offence prosecuted.

Outcome: The District Officer cannot directly file a criminal complaint — only the aggrieved woman or a person authorised by the committee can trigger court cognizance under Section 27(1).

Scenario: A police officer receives a report about an employer's non-compliance with the POSH Act.

Outcome: Because the offence is non-cognizable, the police cannot investigate or arrest without a magistrate's order. The matter must follow the complaint route under Section 27(1).

Who Must Act

employee

Understand that court proceedings under the Act require a formal complaint from the aggrieved woman or an authorised person.

ic member

The committee may authorise a person to file a complaint with the court if needed.

employer

Understand that offences are non-cognizable — this does not eliminate liability but changes the enforcement route.

Compliance

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Cognizance of offence only on complaint by aggrieved woman or authorised person

Actor: Courts · Rule: Section 27(1)

✓

Offences tried only by Metropolitan Magistrate or Judicial Magistrate of the first class

Actor: Courts · Rule: Section 27(2)

Common Mistakes

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Assuming that POSH Act offences are cognizable and can lead to immediate police arrest — they are non-cognizable.

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Believing that any court can try POSH Act offences — only Metropolitan Magistrates or Judicial Magistrates of the first class have jurisdiction.

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Thinking the District Officer can directly initiate criminal proceedings — only the aggrieved woman or an authorised person can trigger court cognizance.

Source & Status

This page contains temporary structural and explanatory content, not a verbatim reproduction of the Act.

Source: Ministry of Law and Justice, Government of India

Publication status: Temporary content pending separate legal verification