What happens if a sexual harassment complaint is found to be false or malicious?

Question

I have been accused of sexual harassment and I believe the complaint is malicious and false. What protections do I have and what happens to the complainant if it's proven false? Before I spend money on it, I want to know whether POSH Act 2013, Section 14 gives me a remedy here and what proof I would need. Any Section numbers I can quote when I write to them would be useful.

MyVakeel Legal Desk · Accepted Answer

POSH Act 2013, Section 14 and POSH Act 2013, Section 16 is what decides this question in India. Read it alongside the provisions named, because the relief available to you turns on the facts you can prove on paper.

Section 14 empowers the Internal Committee to recommend action against a complainant only where it concludes, after inquiry, that the allegation was made with malicious intent and is false, and mere inability to substantiate the complaint is not by itself ground for action against the complainant.

Filing a false complaint in good faith but without adequate proof does not attract punishment; the bar under Section 14 is specifically for malicious or knowingly false complaints, or those made with fabricated evidence against an identified person.

The respondent has a right to be heard, present evidence and cross-examine witnesses during the inquiry, and the presumption of innocence continues until findings are recorded against them.

Section 16 mandates confidentiality of the identity, evidence and proceedings, and violation of confidentiality by either party can attract separate action, including under the employer's service rules.

If cleared, the respondent can seek a written closure report from the employer and may pursue a defamation claim separately if there is clear evidence of malicious intent behind the complaint.

What this means for you: 1) Cooperate fully with the inquiry and present your defence with supporting evidence; 2) Maintain confidentiality of the proceedings as required under Section 16; 3) Request a copy of the ICC's findings once the inquiry concludes; 4) Consult a lawyer about a defamation claim only if the ICC specifically finds malicious intent.

Where the facts are disputed, what usually decides a false sexual harassment complaint matter is the paper trail — dated complaints, acknowledgments and written replies under POSH Act 2013, Section 14. 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.