Section 15 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 15 does one thing: it tells the Internal Committee or the Local Committee what to take into account when it decides the sum to be paid to the aggrieved woman. The list has five items, from the mental trauma she has gone through to whether the respondent can pay in a lump sum or in instalments. If you are an employer or a committee member working out a recommendation, our legal consultation team can help.
When fixing the sums to be paid to the aggrieved woman under section 13(3)(ii), the committee shall have regard to five matters: (a) mental trauma, pain, suffering and emotional distress; (b) loss in career opportunity; (c) medical expenses for physical or psychiatric treatment; (d) income and financial status of the respondent; and (e) feasibility of payment in a lump sum or in instalments. The section prints no formula, minimum or maximum.
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. Section 15 says "Internal Committee or the Local Committee, as the case may be", and so does this article.
What the section says
"For the purpose of determining the sums to be paid to the aggrieved woman under clause (ii) of sub-section (3) of section 13, the Internal Committee or the Local Committee, as the case may be, shall have regard to" five matters. Notice three features.
- It is a "have regard to" duty. The committee must take each of the five items into account. The text does not say how much weight each carries or that every item must lead to a sum.
- It applies to a particular recommendation. The section is "for the purpose of determining the sums" under section 13(3)(ii), where the allegation has been proved and the committee recommends a deduction from the respondent's salary or wages.
- It sets no figure. There is no schedule, formula, minimum, cap or multiple in the text. The sum is whatever the committee "may consider appropriate", as section 13(3)(ii) puts it.
The five factors
| Clause | Factor as printed | What it asks the committee to look at |
|---|---|---|
| (a) | the mental trauma, pain, suffering and emotional distress caused to the aggrieved woman | The effect on the woman, in her own account and the evidence |
| (b) | the loss in the career opportunity due to the incident of sexual harassment | Whether she lost a chance, such as a posting or promotion, because of the incident |
| (c) | medical expenses incurred by the victim for physical or psychiatric treatment | Costs of treatment she actually incurred |
| (d) | the income and financial status of the respondent | The respondent's means |
| (e) | feasibility of such payment in lump sum or in instalments | Whether the sum can be paid at once or must be spread |
Clauses (a) to (c) look at the woman's side: what she went through, what she lost and what she spent. Clauses (d) and (e) look at the respondent's side: what he can pay and in what manner. The section uses the word "victim" in clause (c), though the rest of the Act uses "aggrieved woman"; the text means the same person.
Clause (c): evidence of expenses
Medical expenses "incurred" for "physical or psychiatric treatment" point to expenses actually met. A committee will normally look for bills or similar records, but the Act does not prescribe documents. The Rules copy consulted prints nothing on this point.
Clause (e): lump sum or instalments
Clause (e) is the only one dealing with the manner of payment. The section does not say who decides the number of instalments, their size or their period, and no rule in the Rules copy fills that. Where the sum is to be deducted from the respondent's salary or wages under section 13(3)(ii), the practical schedule will be set by the recommendation the employer receives.
How section 15 fits with sections 13 and 11
- Section 13(3)(ii) is the main route. Where the allegation is proved, the committee recommends to the employer or the District Officer to deduct, notwithstanding anything in the service rules, from the respondent's salary or wages such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs, "in accordance with the provisions of section 15". See section 13.
- If deduction is not possible. The first proviso to section 13(3) lets the employer direct the respondent to pay when he is absent from duty or his employment has ended, and the second proviso lets the committee forward the order for recovery as an arrear of land revenue to the District Officer.
- Section 11(2) also refers to section 15. It says that, notwithstanding section 509 of the Indian Penal Code (45 of 1860), the court may, when the respondent is convicted of the offence, order payment of such sums as it may consider appropriate to the aggrieved woman, having regard to the provisions of section 15. Check the current penal law for the corresponding provision. The inquiry provisions of section 11 have their own post: Inquiry Process Under POSH Act, Section 11.
So section 15 serves two purposes in the text: guiding the committee's recommendation under section 13(3)(ii) and guiding the court's order under section 11(2).
Who can challenge the sum
A person aggrieved by the recommendations under section 13(3)(ii), or by their non-implementation, may appeal under section 18 within ninety days; see our article on section 18.
What the section does not say
The text of section 15 is silent on several points, and we do not fill them in:
- any minimum or maximum amount;
- whether the five factors are to be weighed equally;
- whether a sum can be recommended for legal heirs under this section itself (section 13(3)(ii) mentions "her legal heirs");
- the evidence needed for each factor;
- the number of instalments.
An example
An Internal Committee has found the allegation against the respondent, Kunal, proved. In deciding the sum to recommend to the employer, it records that: the aggrieved woman, Meenal, experienced distress that affected her work (clause (a)); she missed a rotation to a new project during the period (clause (b)); she produced bills for counselling sessions (clause (c)); Kunal's salary is the only information on his income before the committee (clause (d)); and Kunal asked to pay in instalments (clause (e)). The committee, having regard to each of these, recommends a sum, payable by deduction from his salary in the manner it specifies, and gives its reasons in the report under section 13(1).
Need help with a recommendation on compensation?
Committees often ask how to record the five factors in the report so that the recommendation can be implemented and, if needed, defended in an appeal. Our legal consultation team can help you structure the report and the supporting record.
Key takeaways
- Section 15 lists five matters the committee must have regard to when fixing the sum under section 13(3)(ii).
- Three look at the woman's side (trauma, career loss, medical expenses); two look at the respondent's (income and status, lump sum or instalments).
- The section prints no formula, minimum or maximum.
- Section 11(2) also refers to section 15 for a court's order on conviction.
- Appeal lies under section 18 within ninety days.
Read next
- Section 13 of the POSH Act, 2013: inquiry report and action by employer
- Section 14 of the POSH Act, 2013: false or malicious complaint and false evidence
- Section 18 of the POSH Act, 2013: appeal against recommendations
- Inquiry Process Under POSH Act, Section 11
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.