Statutory Timelines Under The PoSH Act For Investigation

The PoSH Gap Series – Strengthening Workplace Investigations

This article, the fourth in our PoSH Gap Series, examines the systemic challenges associated with non-compliance with statutory timelines under the PoSH Act and the resulting impact on the fairness and integrity of the internal committee ("IC") proceedings.

What happens when statutory timelines are not met?

The Sexual Harassment of Women (Prevention, Prohibition and Redressal) Act, 2013 ("PoSH Act") prescribes three critical timelines: complainants must file complaints within three months of the incident (with flexibility to condone delay up to three months), ICs must complete inquiries within 90 days, and employers must act on IC recommendations within 60 days. These timelines were designed to ensure swift resolution of sexual harassment complaints. However, real-world complexities such as voluminous evidence, inexperienced IC, witness availability, medical emergencies, and procedural