Chapter V - Inquiry

Section 14: Punishment for false or malicious complaint and false evidence

Reviewed by Nikhil Gupta and Kajri Singh · Last reviewed 17 July 2026

Permits action for malicious or knowingly false complaints and forged or misleading evidence, while expressly stating that inability to substantiate a complaint alone does not attract punishment.

Act No. 14 of 2013Authority: Internal Committee or Local Committee; employer or District OfficerData reviewed on 17 July 2026

In 2 minutes

Permits action for malicious or knowingly false complaints and forged or misleading evidence, while expressly stating that inability to substantiate a complaint alone does not attract punishment.

Statutory text

14. Punishment for false or malicious complaint and false evidence.—(1) Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that the allegation against the respondent is malicious or the aggrieved woman or any other person making the complaint has made the complaint knowing it to be false or the aggrieved woman or any other person making the complaint has produced any forged or misleading document, it may recommend to the employer or the District Officer, as the case may be, to take action against the woman or the person who has made the complaint under sub-section (1) or sub-section (2) of section 9, as the case may be, in accordance with the provisions of the service rules applicable to her or him or where no such service rules exist, in such manner as may be prescribed: Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section: Provided further that the malicious intent on part of the complainant shall be established after an inquiry in accordance with the procedure prescribed, before any action is recommended. (2) Where the Internal Committee or the Local Committee, as the case may be, arrives at a conclusion that during the inquiry any witness has given false evidence or produced any forged or misleading document, it may recommend to the employer of the witness or the District Officer, as the case may be, to take action in accordance with the provisions of the service rules applicable to the said witness or where no such service rules exist, in such manner as may be prescribed.

Source transcription: India Code consolidated Act PDF. Check the official source for a live matter.

Rule, authority, record and consequence map

Related Central Rule	Rule 10: Action for false or malicious complaint or false evidence
Primary authority	Internal Committee or Local Committee; employer or District Officer
Core record	Separate malice/false-evidence finding and action record
Compliance consequence	Punishing an unproved complaint without the required separate finding can be unlawful and retaliatory.

Practical example

A complaint that is not proved because evidence is insufficient is not automatically false or malicious; a separate finding of malicious intent or knowing falsity is required.

Finin2min Q&A

What should an employer or committee do first?

Create the record identified above, check the linked Rule and preserve a dated decision trail. Do not replace the statutory process with an informal HR discussion where the Act applies.

What needs jurisdiction-specific checking?

State rules and notifications, District Officer and Local Committee details, service rules, standing orders, appellate forum and any sector regulator requirements.

← Section 13 POSH hub Section 15 →

Malice finding and due-process workflow

A complaint that is not proved is not, for that reason, malicious or knowingly false. Section 14 requires the committee to establish malicious intent through the prescribed inquiry before recommending action. False evidence or forged/misleading documents by a witness are separately addressed in sub-section (2).

Finding proposed	What must be distinguished	Record
Malicious complaint	Deliberate improper purpose from inconsistency, uncertainty or inability to prove.	Specific allegation, notice, response, evidence and reasons establishing intent.
Knowingly false complaint	Knowledge of falsity when made from a later disagreement or failed corroboration.	Fact alleged, proof of falsity, knowledge evidence and committee conclusion.
Forged or misleading document	Intentional fabrication/misleading production from an innocent error or disputed interpretation.	Document provenance, metadata or witness evidence and opportunity to explain.
Witness false evidence	Material falsehood from mistaken recollection.	Transcript/statement, contradictory proof, materiality and separate recommendation.

Committee sequence

Finish merits inquiry
Record whether the harassment allegation is proved on the applicable standard.
Define section 14 issue
State the precise alleged malice, knowledge or falsification.
Give fair opportunity
Provide notice and a meaningful chance to answer the adverse material.
Reason recommendation
Apply service rules or the prescribed route and communicate appeal information.

Example: A complainant reports an incident believed to have occurred in a corridor but cannot obtain CCTV because it was overwritten. Lack of corroboration may affect the merits; it does not prove that the complaint was malicious. A section 14 recommendation needs separate evidence and findings on intent or knowing falsity.

Questions and official sources

May the respondent demand punishment automatically after dismissal? No. The committee must independently satisfy section 14. Can an employer bypass the committee? The recommendation and action must follow the statutory allocation and applicable service rules. Does section 14 permit public naming? No; section 16 confidentiality remains material.

India Code: POSH Act, 2013 | Ministry POSH resources | POSH templates index

Apply the Act, Rules, service rules and procedural fairness to the actual record. This page does not decide whether a particular complaint or witness statement is false.