Is there a time limit for completing a POSH inquiry at the workplace?

Question

I filed a sexual harassment complaint months ago and the Internal Committee still hasn't concluded the inquiry. Is there a legal deadline? I would like to understand which provision governs this, what it entitles me to, and how long I have before the remedy lapses. I also want to know whether I need a lawyer for this or can do it myself.

MyVakeel Legal Desk · Accepted Answer

In India, the answer to "Is there a time limit for completing a POSH inquiry at the workplace?" turns on POSH Act 2013, Section 11 and POSH Act 2013, Section 9. The points below set out the position and then what to do about it, in the order it should be done.

Section 9 requires a complaint to be filed within 3 months of the incident, extendable by the ICC for a further 3 months if satisfied there were valid reasons for delay.

Section 11 mandates that the Internal Committee must complete the inquiry within 90 days from the date of the complaint, a timeline that is mandatory in nature to ensure timely justice.

Failure of the employer to constitute an Internal Committee or of the ICC to conclude within this period can be reported to the District Officer or Local Committee, and also attracts penalty under Section 26 for the employer.

The complainant can also approach the police for parallel criminal action under the Bharatiya Nyaya Sanhita provisions on sexual harassment, independent of the internal inquiry timeline.

Courts have held that inordinate and unexplained delay in concluding a POSH inquiry can itself be a ground to seek judicial intervention through a writ petition directing time-bound completion.

Practical steps: 1) Send a written reminder to the ICC and HR referencing the 90-day statutory timeline; 2) Escalate to the employer's top management or District Officer if there is unexplained delay; 3) Consider filing a writ petition before the High Court seeking direction for time-bound completion if delay persists; 4) Preserve all correspondence and complaint records for evidentiary purposes.

If the other side has already issued a notice, filed a case or set a deadline, treat the matter as time-sensitive — remedies under POSH Act 2013, Section 11 carry limitation periods, and unexplained delay weakens an otherwise strong case. You can post the details on the MyVakeel forum for a practising advocate to review, or book a paid consultation with a Bar Council verified lawyer in labour law.