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POSH practical guide

Criminal-law and police interface

Finin2min operating guidance linked to the Act, Rules and current official implementation material.

Authors: Nikhil Gupta & Kajri SinghData reviewed on 17 July 2026

Parallel legal tracks

POSH inquiry is an employment-law redressal mechanism and does not replace criminal-law rights. Section 11 permits police forwarding, and section 19 requires employer assistance where the aggrieved woman chooses to complain about an offence.

BNS mapping

The Act's historical text refers to section 509 of the Indian Penal Code. The Ministry SHe-Box FAQ identifies section 79 of the Bharatiya Nyaya Sanhita, 2023 as the corresponding current provision and notes that other relevant BNS provisions may also apply.

Safe practice

Do not make the Internal Committee decide criminal guilt. Preserve evidence, explain options without coercion, support immediate safety, and seek competent legal advice for police referral and mandatory-reporting issues.

Primary provisions

Use the section and rule repository and the source register. Apply State rules, service rules and current forum details before acting.