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 have been reading conflicting things online and I would like to understand what Indian law actually says about this, which Act and Section applies, what the realistic timelines and costs are, and what I should be doing right now to protect my position. If the matter can be resolved without litigation I would prefer that route, but I want to know what my rights are before I agree to anything or sign any document.

MyVakeel Legal Desk · Accepted Answer

Is there a time limit for completing a POSH inquiry at the workplace? is governed in India primarily by POSH Act 2013, Section 11 and POSH Act 2013, Section 9. The short answer is set out below, followed by the practical steps most people in this situation need to take. Read it alongside the specific provisions named, because the exact relief available to you turns on the facts you can prove on paper.

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.

What to do next: 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 — most remedies under POSH Act 2013, Section 11 carry limitation periods, and a delay you cannot explain 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 this practice area.