UncategorizedThe IC procedural handbook made simpler.

POSH compliance has now shifted from whether an IC exists to whether its inquiries can withstand scrutiny. A well-constituted Internal Committee can still produce an inquiry that collapses in court. There is a familiar pattern:

The National Commission for Women released the first official handbook on how ICs should conduct a POSH investigation in July 2026.

The Act already prescribes the process. Rule 7 read with Sections 11 to 13 lays out an inquiry that survives challenge. The handbook simply makes the standard explicit. The following points which have been explained by me during our IC trainings are tabulated in view of the released booklet for your easier understanding:

The following are the ten steps every IC inquiry must be able to show on record:

1. A written complaint. If the aggrieved woman cannot put it in writing, the IC must help her to draft the complaint and put it explicitly in writing. An oral grievance with no record is the first thing that will strike at the roots of an inquiry.

2. Conciliation must be offered by the IC and can be initiated only on request by the aggrieved woman. Section 10 allows it only if she asks, and never as a monetary settlement. The IC cannot push a compromise to close the file.

3. Copy to the respondent. Rule 7 requires the complaint to reach the respondent within seven working days, with a genuine chance to reply. Skip this and you have breached natural justice on day one.

4. Documented Inquiry proceedings. Section 11 gives the IC civil court powers to summon witnesses and documents and requires both parties to be heard.

5. Principles of Natural justice to be observed. The inquiry should be conducted with confidentiality, sensitivity and no evidence should be withheld from either side. A real hearing must be conducted for both sides. Due opportunity for rebuttal should be given.

6. Assistance and Representation: No lawyer can be permitted in the inquiry on behalf of either party during the proceedings. Many inquiries are challenged precisely because this line blurred.

7. Time-lines have to be observed: The 90-day clock. Section 11(4) makes ninety days to complete the inquiry mandatory, not aspirational. A delay may be caused in an inquiry which is a defect that has to be explained and justified.

8. IC Findings are based on the balance of probabilities. The findings are not based on evidence/ proof beyond reasonable doubt. The IC relies on dictates on common sense and weighs which version is more probable and records the reasons for its reaching those findings and conclusions.

9. IC inquiry report to be filed within ten days upon conclusion of the inquiry. Section 13 requires the report to reach the employer or District Officer within ten days of the inquiry closing. The report should have documented findings and conclusions, as well as IC recommendations.

10. Confidentiality throughout. Section 16 bars publishing the identity of the parties or witnesses, or the contents of the proceedings. A leak is itself a penalised breach.

The above pointers are cornerstones of a robust IC inquiry.