Section 14 of POSH Act : Section 14: Punishment For False Or Malicious Complaint And False Evidence

Explanation using Example

Imagine a scenario where an employee at a company, Priya, files a sexual harassment complaint against her colleague, Raj. The company's Internal Committee conducts a thorough investigation and finds that the allegations are baseless. Further, it is discovered that Priya fabricated the story out of personal animosity towards Raj and even presented forged messages as evidence.

According to Section 14(1) of The Sexual Harassment of Women at Workplace Act, 2013, the Internal Committee concludes that Priya's complaint was malicious. They recommend to the employer that action should be taken against Priya for making a false complaint and for forging evidence. However, before doing so, they ensure that there is clear proof of Priya's malicious intent, as required by the Act.

In another instance, a witness during the inquiry intentionally gives false testimony and submits misleading documents to support Priya. The Committee, under Section 14(2), may then recommend that the employer take disciplinary action against this witness, in line with the company's service rules or as prescribed.