Ch. VIII · §27
Chapter VIII
Miscellaneous
Section
Chapter VIII · Miscellaneous
Section 27
Cognizance of offence by courts
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.
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.
Section 27(3) classifies every offence under the Act as non-cognizable. Any separate criminal-law route must be assessed under the law that governs that conduct.
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: Section 27 does not create a cognizable police route for the Act offence. The complaint and court route under Section 27(1) must be distinguished from any separate offence under another law.
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
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
Assuming that POSH Act offences are cognizable and can lead to immediate police arrest — they are non-cognizable.
Believing that any court can try POSH Act offences — only Metropolitan Magistrates or Judicial Magistrates of the first class have jurisdiction.
Thinking the District Officer can directly initiate criminal proceedings — only the aggrieved woman or an authorised person can trigger court cognizance.
Source & Status
- Official source
- India Code, Ministry of Law and Justice, Government of India
- Source version
- India Code PDF — last updated 31 August 2021
- Source location
- India Code PDF, p. 13
- Retrieved
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.