Section 14 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 14 allows the committee to recommend action against a person who makes a malicious or knowingly false complaint, produces a forged or misleading document, or, as a witness, gives false evidence. It also carries two protective provisos: a mere inability to prove a complaint does not by itself attract action, and malicious intent must be established after an inquiry. If you are dealing with a dispute of this kind, our legal dispute resolution service can help.
The committee may recommend action against a complainant where it concludes that the allegation is malicious, or the complaint was made knowing it to be false, or a forged or misleading document was produced. A mere inability to substantiate a complaint or provide adequate proof need not attract action. Malicious intent shall be established after an inquiry before any action is recommended. A witness who gives false evidence or produces a forged or misleading document can also be the subject of a recommendation.
Source and names
We follow the consolidated text of the Act consulted (it shows one amendment, Act 23 of 2016, with effect from 6 May 2016); later amendments and notifications should be checked. The 2016 change of name of the committees is shown in the footnotes. The Rules are cited from the copy consulted (the Rules as notified on 9 December 2013). The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
Sub-section (1): the complainant
The Internal Committee or the Local Committee, as the case may be, may recommend action where it "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.
The recommendation is made "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". So the target can be the aggrieved woman, or another person who complained on her behalf under section 9(2) and Rule 6; see our article on section 9. The action is "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".
The sub-section says "may recommend". The committee has a discretion; it is not bound to recommend action even where it reaches a conclusion of this kind.
First proviso: inability to prove is not enough
"Provided that a mere inability to substantiate a complaint or provide adequate proof need not attract action against the complainant under this section."
This sentence separates two outcomes that are easy to confuse: a complaint that is not proved, and a complaint that is false or malicious. Under section 13(2), a finding that an allegation has not been proved leads to a recommendation that no action is required. Section 14 applies only on the further conclusions listed above. Employers should not treat every "not proved" outcome as a basis for action against the complainant. See our article on section 13.
Second proviso: intent must be established after an inquiry
"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."
- Inquiry first. There must be an inquiry into malicious intent.
- Then the recommendation. Action is recommended only afterwards.
- "The procedure prescribed." The Rules copy consulted prints no procedure for this inquiry. Rule 10 sends the reader to rule 9 for the action, and says nothing on the procedure for establishing malicious intent. We give no step, form or time limit.
The proviso speaks of "malicious intent", and the first proviso covers "inability to substantiate". Read together they mean that the committee cannot move from "not proved" to "malicious" without a separate inquiry.
Sub-section (2): the witness
"Where the Internal Committee or the Local Committee ... 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."
Note the words "employer of the witness": a witness may work for a different employer, and the recommendation goes to that employer. The second proviso of sub-section (1) is attached only to sub-section (1); the text of sub-section (2) contains no similar proviso and prints no procedure.
Rule 10
Section 14 says action is taken under the service rules or "as may be prescribed". Rule 10 of the Rules, headed "Action for false or malicious complaint or false evidence", says that except in cases where service rules exist, where the Complaints Committee concludes that the allegation is malicious or the complaint was made knowing it to be false or a forged or misleading document was produced, it may recommend action in accordance with rule 9. The copy prints "Except in eases", a printing slip. Note what the text of rule 10 does and does not cover: it deals with the complaint and the forged or misleading document of the complainant, and says nothing on a witness. Section 14(2) therefore has no matching rule text in the copy consulted. See our article on Rules 8 and 10-12 and Rule 9.
| Point | Sub-section (1) | Sub-section (2) |
|---|---|---|
| Against whom | The woman or person who complained under section 9(1) or (2) | A witness |
| Grounds | Malicious allegation; complaint known to be false; forged or misleading document | False evidence; forged or misleading document |
| Safeguards | Two provisos | None printed |
| Action | Service rules, or as prescribed | Service rules of the witness, or as prescribed |
Appeal
A person aggrieved by a recommendation under section 14(1) or (2) may appeal under section 18 within ninety days; see section 18.
An example
A committee finds that Sunita's allegation against a colleague could not be proved on the material before it. The employer asks whether it should now act against Sunita. Under the first proviso, a mere inability to substantiate does not by itself attract action. Unless the committee separately concludes that the allegation is malicious, that she knew it to be false, or that she produced a forged or misleading document, and unless malicious intent is established after an inquiry under the prescribed procedure, no action against her is recommended.
Need help with a disputed complaint?
Allegations of a false complaint are sensitive for both sides and should be handled on the record. Our legal dispute resolution team can help you assess the position, prepare for any inquiry into intent and follow the service rules that apply.
Key takeaways
- The committee may recommend action against a complainant for a malicious allegation, a complaint knowingly false, or a forged or misleading document.
- Mere inability to substantiate a complaint or provide adequate proof need not attract action.
- Malicious intent must be established after an inquiry under the prescribed procedure, before any action is recommended.
- A witness who gives false evidence or produces a forged or misleading document can also face a recommendation.
- Rule 10 sends action to rule 9 and prints no procedure; its text does not cover witnesses.
Read next
- Section 13 of the POSH Act, 2013: inquiry report and action by employer
- Section 15 of the POSH Act, 2013: determination of compensation
- Section 18 of the POSH Act, 2013: appeal
- 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.