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Chapter VIII · Miscellaneous

Section 27

Cognizance of offence by courts

Statutory textCounsel-reviewed publication
No court shall take cognizance of any offence punishable under this Act or any rules made thereunder, save on a complaint made by the aggrieved woman or any person authorised by the Internal Committee or Local Committee in this behalf.
No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
Every offence under this Act shall be non-cognizable.

Transcribed from the official India Code source for reading and comparison. PIH plain-language guidance is editorial and separate; this page is not legal advice.

Source: India Code, Ministry of Law and Justice, Government of IndiaRetrieved: 2026-09-10India Code PDF, p. 13India Code PDF — last updated 31 August 2021

Plain Language

Courts can only take up offences under the Act if the complaint comes from the aggrieved woman herself or from a person authorised by the committee.

Only a Metropolitan Magistrate or a Judicial Magistrate of the first class can try offences under the Act — lower courts have no jurisdiction.

Section 27(3) classifies every offence under the Act as non-cognizable. Any separate criminal-law route must be assessed under the law that governs that conduct.

Why It Matters

The complaint-driven cognizance requirement means offences under the Act do not become automatic police matters — the aggrieved woman or the committee controls whether a court proceeding is initiated.

The non-cognizable classification preserves the Act's focus on structured, committee-led redressal rather than criminal prosecution as the default path.

The magistrate-level jurisdiction requirement ensures offences are tried by courts with adequate experience and authority.

Practical Example

Scenario: An employer repeatedly fails to constitute an IC and the District Officer wants the offence prosecuted.

Outcome: The District Officer cannot directly file a criminal complaint — only the aggrieved woman or a person authorised by the committee can trigger court cognizance under Section 27(1).

Scenario: A police officer receives a report about an employer's non-compliance with the POSH Act.

Outcome: Section 27 does not create a cognizable police route for the Act offence. The complaint and court route under Section 27(1) must be distinguished from any separate offence under another law.

Who Must Act

employee

  • Understand that court proceedings under the Act require a formal complaint from the aggrieved woman or an authorised person.

ic member

  • The committee may authorise a person to file a complaint with the court if needed.

employer

  • Understand that offences are non-cognizable — this does not eliminate liability but changes the enforcement route.

Compliance

Cognizance of offence only on complaint by aggrieved woman or authorised person

Actor: Courts · Rule: Section 27(1)

Offences tried only by Metropolitan Magistrate or Judicial Magistrate of the first class

Actor: Courts · Rule: Section 27(2)

Common Mistakes

Assuming that POSH Act offences are cognizable and can lead to immediate police arrest — they are non-cognizable.

Believing that any court can try POSH Act offences — only Metropolitan Magistrates or Judicial Magistrates of the first class have jurisdiction.

Thinking the District Officer can directly initiate criminal proceedings — only the aggrieved woman or an authorised person can trigger court cognizance.

Source & Status

Source and review statusPublication ready
Source version
India Code PDF — last updated 31 August 2021
Source location
India Code PDF, p. 13
Retrieved

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Statutory blocks are kept separate from PIH plain-language and operational guidance. The reading copy is not legal advice.

Legal review status: counsel-reviewed. All sections have valid documentary counsel evidence and publication signals are enabled.

Judicial material: no verified judicial interpretation is published in this reading copy. Judicial analysis is a separate layer from the statutory transcription and PIH editorial guidance.