Rule 6 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 9(2) of the Act allows a legal heir or "such other person as may be prescribed" to make a complaint when the aggrieved woman is unable to do so. Rule 6 is the prescription. It divides the cases into four: physical incapacity, mental incapacity, any other reason and death, and for each it names who may file and when written consent is needed. For help in a situation like this, see our legal consultation service.
Rule 6, made for section 9(2), names who may file when the woman cannot. Physical incapacity: her relative or friend, her co-worker, an officer of the National Commission for Women or State Women's Commission, or any person with knowledge of the incident with her written consent. Mental incapacity: a relative or friend, a special educator, a qualified psychiatrist or psychologist, her guardian or authority, or a person with knowledge jointly with one of them. Any other reason: a person with knowledge, with her written consent. Death: a person with knowledge, with the written consent of her legal heir.
Source and names
This article follows the copy of the Rules consulted (the Rules as notified on 9 December 2013, G.S.R. 769(E)); check the current Rules. The Rules implement the Act, cited from the consolidated text consulted (it shows one amendment, Act 23 of 2016, with effect from 6 May 2016); later amendments and notifications should be checked. The Rules copy is a web-page print with printing slips, which we flag where they occur.
The section behind the rule: section 9(2)
Section 9(2) says: "Where the aggrieved woman is unable to make a complaint on account of her physical or mental incapacity or death or otherwise, her legal heir or such other person as may be prescribed may make a complaint under this section." So the Act itself names the legal heir, and leaves "such other person" to the Rules. Section 9(1), on the written complaint and its time limit, is explained in our article on section 9. Section 29(2)(d) lists this as a rule-making head.
Rule 6 begins: "For the purpose of sub-section (2) of Section 9," and then sets out four numbered cases. The copy numbers them (i) to (iv).
The four cases
(i) Physical incapacity
Where the aggrieved woman is unable to make a complaint on account of her physical incapacity, a complaint may be filed by:
- (a) her relative or friend; or
- (b) her co-worker; or
- (c) an officer of the National Commission for Women or State Women's Commission (the copy prints "Notional Commission for Women"; a printing slip); or
- (d) any person who has knowledge of the incident, with the written consent of the aggrieved woman.
Note that written consent is stated only for limb (d). Limbs (a) to (c) are not followed by a consent condition in the text.
(ii) Mental incapacity
Where she is unable to make a complaint on account of her mental incapacity, a complaint may be filed by:
- (a) her relative or friend (the copy prints "her relative of friend"; a printing slip); or
- (b) a special educator; or
- (c) a qualified psychiatrist or psychologist; or
- (d) the guardian or authority under whose care she is receiving treatment or care; or
- (e) any person who has knowledge of the incident jointly with her relative or friend or a special educator or qualified psychiatrist or psychologist, or guardian or authority under whose care she is receiving treatment or care.
"Special educator" is defined in Rule 2(f) as a person trained in communication with people with special needs in a way that addresses their individual differences and needs; see our article on Rules 1-3 and 5. For mental incapacity, a person who merely has knowledge of the incident cannot file alone; the text requires that such a person act jointly with one of the named persons. No written consent of the woman is mentioned in this case.
(iii) Any other reason
Where she "for any other reason is unable to make a complaint", a complaint may be filed by any person who has knowledge of the incident, "with her written consent". The Rule does not define "any other reason".
(iv) Death
Where she is dead, a complaint may be filed by any person who has knowledge of the incident, "with the written consent of her legal heir". The consent comes from the legal heir, not from the woman.
Summary table
| Case | Who may file | Consent condition in the text |
|---|---|---|
| (i) Physical incapacity | Relative or friend; co-worker; officer of the National Commission for Women or State Women's Commission | None stated for these three |
| (i)(d) | Any person with knowledge of the incident | Written consent of the aggrieved woman |
| (ii) Mental incapacity | Relative or friend; special educator; qualified psychiatrist or psychologist; guardian or authority | None stated for these |
| (ii)(e) | Any person with knowledge, jointly with one of the above | Joint action |
| (iii) Any other reason | Any person with knowledge of the incident | Her written consent |
| (iv) Death | Any person with knowledge of the incident | Written consent of her legal heir |
What the rule does not say
- Time limit. Section 9(1) prints three months from the incident, or from the last incident in a series, with a possible extension of up to three months for recorded reasons. Rule 6 does not state how that period applies when a representative files, and we do not say.
- Form of consent. The Rule says "written consent" but prints no form.
- Order of persons. The Rule does not rank the persons; it says a complaint "may be filed by" any of those listed.
- Who is a legal heir. The Rule uses the term and does not define it.
- Where to file. The complaint goes to the Internal Committee or the Local Committee, as section 9(1) and section 6 provide; see section 6.
What the committee does next
After a complaint is filed under section 9(2), the committee proceeds under the later sections. Rule 7 (copies of the complaint, the reply and the hearings) is explained in our article on Rule 7. Our topic guide on the complaint filing process gives a general overview.
An example
Roopa, a warehouse supervisor, is recovering in hospital after an accident and cannot write or sign. Her co-worker, Basheer, knows about an incident that happened before her accident. Under Rule 6(i)(b), a co-worker may file on her behalf when she is unable to make a complaint on account of physical incapacity. If instead it were a neighbour, Dev, who knew of the incident, he could file only under Rule 6(i)(d) with Roopa's written consent. In a different matter, a woman has died; a colleague who knew of the incident may file under Rule 6(iv) only with the written consent of her legal heir.
Need help with a complaint filed for someone else?
Representative complaints turn on consent, timing and the right forum. Our legal consultation team can help you check which limb of Rule 6 applies, prepare the consent and file the complaint.
Key takeaways
- Rule 6 is made for section 9(2) and lists who may complain when the woman cannot.
- Physical incapacity: relative or friend, co-worker, Commission officer, or a person with knowledge with her written consent.
- Mental incapacity: relative or friend, special educator, psychiatrist or psychologist, guardian or authority, or a person with knowledge jointly with one of them.
- Other reason: a person with knowledge, with her written consent.
- Death: a person with knowledge, with the written consent of her legal heir.
Read next
- Section 9 of the POSH Act, 2013: complaint and time limit
- Rule 7 of the POSH Rules, 2013: manner of inquiry into complaint
- Rule 4 of the POSH Rules, 2013: person familiar with issues relating to sexual harassment
- Complaint Filing Process Under POSH Act
Disclaimer: Based on a consolidated text of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 showing one amendment (Act 23 of 2016, 6 May 2016) and on a copy of the Rules of 2013 as notified on 9 December 2013, as consulted on 2 October 2026. Later amendments, State rules and notifications, and the position under the Labour Codes in force from 21 November 2025 should be checked. This article is general information, not legal advice; check the official text before acting.