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India Code PDF — last updated 31 August 2021
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Chapter V

Inquiry into Complaint

Inquiry process, interim relief, findings, compensation, confidentiality, and appeal rights.

Sections 12–187 sections

Sections in this chapter

Action during pendency of inquiry

While the inquiry is still underway, the committee can recommend practical protective measures on a written request from the aggrieved woman.

Inquiry report

The committee must submit its findings report to the employer or District Officer within ten days of completing the inquiry.

Punishment for false or malicious complaint and false evidence

If the committee finds that the complaint was made maliciously, knowing it was false, or with forged documents, it may recommend action against the complainant.

Determination of compensation

When the committee recommends compensation, it must consider five specific factors: mental trauma and suffering, loss of career opportunity, medical expenses, the respondent's income, and whether payment should be lump sum or in instalments.

Prohibition of publication or making known contents of complaint and inquiry proceedings

The complaint, the identities of all parties and witnesses, inquiry proceedings, committee recommendations, and the action taken cannot be published or communicated to the public, press, or media in any manner.

Penalty for publication or making known contents of complaint and inquiry proceedings

A person entrusted with a duty to handle or deal with the complaint, inquiry, recommendations or action who contravenes Section 16 is liable for the Section 17 penalty framework.

Appeal

Any person aggrieved by the recommendations identified in Section 18(1), including specified recommendations under Sections 13, 14 and 17, or by their non-implementation, may prefer an appeal.

About This Chapter

More About Chapter V

Chapter V is the procedural heart of the Act. It covers the inquiry process, interim relief during pendency, the inquiry report, treatment of false complaints, compensation determination, confidentiality obligations, penalties for breaches, and appeal rights.

The inquiry has structure, evidence handling, hearing rights, and a hard outer timeline of ninety days. The committee must provide its report to the employer or District Officer within ten days of completion.

Confidentiality is a statutory duty under Section 16. The complaint, identities, witness details, and all inquiry material cannot be published or communicated to the public, press, or media.

Key Stakeholders

Internal CommitteeLocal CommitteeEmployersAggrieved womanRespondentLegal advisors

Themes

Inquiry processInterim reliefInquiry reportCompensationConfidentialityFalse complaintsAppeal