the timeline for filing a sexual harassment complaint depends on the facts of the incident, the location of the workplace, the location of the parties, the applicable law, and the nature of the complaint. When a sexual harassment matter has a connection with both India and another country, additional questions regarding jurisdiction, evidence, limitation periods, and applicable law may arise.
Understanding Sexual Harassment Claims in India
Workplace sexual harassment in India is primarily addressed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act.
Depending on the circumstances, sexual harassment may include:
- Unwelcome sexual advances
- Unwelcome physical contact
- Sexual remarks or comments
- A demand or request for sexual favours
- Showing pornography
- Sexually coloured remarks
- Other unwelcome verbal, non-verbal, or physical conduct of a sexual nature
Whether particular conduct amounts to sexual harassment depends on the facts and circumstances of the case.
At a Glance Comparison Table
Stage 1: The Incident Occurs
The timeline generally begins from the date on which the alleged sexual harassment occurs.
If there are multiple incidents, it is useful to record the date, location, nature of the conduct, and surrounding circumstances of each incident.
Stage 2: Preserve Evidence
Available evidence should be preserved as early as possible.
Relevant evidence may include:
- Emails
- WhatsApp messages
- Text messages
- Screenshots
- Photographs
- Audio or video recordings, where lawfully available
- Workplace communications
- CCTV information
- Travel records
- Employment documents
- Witness details
- Previous complaints
- HR communications
Original evidence should not be deleted, altered, or manipulated.
Stage 3: Filing a Complaint Before the Internal Committee
Where the workplace is covered by the POSH Act, a complaint may generally be made to the Internal Committee (IC).
The complaint is generally required to be made within three months from the date of the incident.
Where circumstances justify the delay, the Internal Committee may extend the period by an additional three months, subject to the statutory requirements.
Where there are continuing or multiple incidents, the applicable timeline may need to be assessed according to the facts.
Stage 4: Local Committee
Where an Internal Committee is not constituted as required, or in certain situations involving the employer, the complaint may fall within the jurisdiction of the Local Committee (LC), subject to the POSH Act.
It is therefore important to determine whether the complaint should be submitted to the Internal Committee or Local Committee.
Stage 5: Inquiry
After receiving the complaint, the Internal Committee or Local Committee may conduct an inquiry in accordance with the POSH framework.
The complainant and respondent are given an opportunity to present their respective cases.
Relevant documents and witnesses may be considered during the inquiry.
Confidentiality is also an important requirement under the POSH framework.
Stage 6: Inquiry Report
After completing the inquiry, the Internal Committee or Local Committee prepares its findings and recommendations in accordance with the applicable legal procedure.
If the allegations are established, appropriate disciplinary action may be recommended.
If the allegations are not established, the matter may be closed in accordance with the applicable procedure.
Stage 7: Action by the Employer
After receiving the Committee’s recommendations, the employer is required to take appropriate action in accordance with the applicable law and workplace rules.
The nature of the action may depend on the findings and the applicable statutory and organisational framework.
Jurisdiction in Cross-Border Sexual Harassment Cases
One of the most important questions in a cross-border case is: Which country’s law and authority will apply?
For example:
- An employee is based in India while the manager is located in the UK.
- An Indian employee experiences harassment during a business trip abroad.
- The employer is a multinational company.
- Harassing messages are sent from another country to an employee in India.
- An employee works remotely from India while reporting to a supervisor based overseas.
The following factors may become relevant:
- Where did the incident occur?
- Where does the employee work?
- Does the employer have an establishment or entity in India?
- Which entity employs the employee?
- What does the employment contract provide?
- What does the workplace or POSH policy state?
- How closely is the conduct connected with India?
The fact that an employer is headquartered in another country does not automatically exclude Indian legal protections. Similarly, not every cross-border matter will automatically be governed exclusively by Indian law.
When Can a Criminal Complaint Be Filed?
If the alleged harasser is located outside India, filing a complaint may still be possible depending on the circumstances.
However, additional practical issues may arise, including:
- Serving notice on the respondent
- Obtaining evidence from another country
- Examining foreign witnesses
- Determining jurisdiction
- International legal cooperation
- The respondent’s availability
The applicable procedure will depend on the facts of the case and the countries involved.
What If the Employer Is a Foreign Company?
When the employer is based outside India, the employment relationship and connection with India should be examined carefully.
Important questions may include:
- Where does the employee physically work?
- Which entity employs the employee?
- Does the company have an office or establishment in India?
- Which entity is named in the employment contract?
- What does the company’s POSH policy provide?
- Did the incident occur in the course of employment?
A foreign employer does not automatically eliminate an employee’s legal rights. The applicable law must be determined based on the facts and circumstances.
What If the Employer Is a Foreign Company?
Evidence can be particularly important in cross-border sexual harassment matters.
Relevant documents may include:
- Original emails
- WhatsApp and chat records
- Screenshots
- Employment contracts
- HR policies
- POSH policies
- Travel documents
- Meeting records
- Calendar entries
- Witness information
- Previous complaints
- HR responses
If evidence is stored on a foreign server or device, additional legal procedures may sometimes be required to obtain or use it.
What Should You Do Before Filing a Complaint?
Before filing a sexual harassment complaint, consider taking these steps:
- Record the date, time, and location of the incident.
- Preserve available evidence.
- Maintain details of relevant witnesses.
- Keep copies of your employment contract and workplace policies.
- Check the details of the employer’s Internal Committee.
- Check the applicable complaint deadline.
- Identify any cross-border connection.
- Do not delete or modify original digital evidence.
- Maintain confidentiality as far as reasonably possible.
- Seek advice from a qualified lawyer where necessary.
Most importantly, do not wait until the applicable deadline is close to expiry before seeking legal advice.
Conclusion
Arrest is an investigative tool, not proof of guilt. A chargesheet represents the prosecution’s allegations; it is not a conviction. Framing of charges is a procedural step to proceed with the trial, not a final finding of guilt. Only a court judgment, after the applicable judicial process, can convict a person and impose penal consequences. For accurate information, always refer to official court records and consult a qualified criminal lawyer.
Frequently Asked Questions
Under the POSH Act, a complaint is generally required to be made within three months from the date of the incident. The Internal Committee may extend this period by up to an additional three months in appropriate circumstances, subject to the statutory requirements.
Potentially, yes. Jurisdiction depends on factors such as the employee’s workplace, location of the conduct, employer’s connection with India, and applicable law.
Yes. Emails, messages, video calls, and other digital communications may form relevant evidence depending on the circumstances. The conduct may also raise separate criminal-law issues if it constitutes an offence.
Potentially, yes. Workplace proceedings and criminal proceedings are separate processes. Whether both are appropriate depends on the facts and the nature of the alleged conduct.
No. A lawyer is not generally mandatory for filing a POSH complaint. However, legal advice can be useful in complicated, serious, or cross-border matters.
