Sections 16-17 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 16 bars publishing or making known to the public, press and media the contents of a complaint, the identity and addresses of the people involved, and the proceedings and outcome of the case. Section 17 makes a person entrusted with handling the case liable to a penalty if they break that bar, and Rule 12 puts a figure on it. If you handle complaints or sit on a committee, our employment and labour law advisory team can help you build a confidentiality protocol.
Notwithstanding the Right to Information Act, 2005, the contents of the complaint, the identity and addresses of the aggrieved woman, respondent and witnesses, information on conciliation and inquiry, the committee's recommendations and the action taken shall not be published, communicated or made known to the public, press and media. A person entrusted with handling the matter who breaks this is liable to a penalty under the service rules, or where none exist as prescribed: Rule 12 says five thousand rupees, recovered by the employer.
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; this article says "Internal Committee" and "Local Committee". The Rules are cited from the copy consulted (the Rules as notified on 9 December 2013). The Act names the Right to Information Act, 2005 (22 of 2005), and we quote the reference as printed; check the current law for the corresponding provision. The four Labour Codes are in force from 21 November 2025; check the current position before relying on any other labour law.
Section 16: what is protected
Section 16 opens with "Notwithstanding anything contained in the Right to Information Act, 2005 (22 of 2005)". So the confidentiality rule applies despite that Act. It then lists what "shall not be published, communicated or made known to the public, press and media in any manner":
| Item protected | Words of the section |
|---|---|
| The complaint | the contents of the complaint made under section 9 |
| The people | the identity and addresses of the aggrieved woman, respondent and witnesses |
| The process | any information relating to conciliation and inquiry proceedings |
| The outcome | recommendations of the Internal Committee or the Local Committee, as the case may be |
| The action | the action taken by the employer or the District Officer under the provisions of this Act |
Three features stand out.
- Respondent and witnesses are covered too. The list names the aggrieved woman, the respondent and the witnesses. Confidentiality is not for her alone.
- The audience is the public, press and media. The prohibition is on publication, communication or making known "to the public, press and media in any manner". The section does not itself describe the way information is shared inside the process, for instance between the committee and the employer; those flows are set by the other sections, such as section 13.
- It covers the whole process. From the complaint through conciliation and inquiry to the recommendations and the action taken.
The proviso: justice secured
"Provided that information may be disseminated regarding the justice secured to any vicitim of sexual harassment under this Act without disclosing the name, address, identity or any other particulars calculated to lead to the identification of the aggrieved woman and witnesses." (The copy prints "vicitim", a printing slip.) So the Act allows information about the outcome in a case, in general terms, as long as nothing points to the aggrieved woman or the witnesses. Note the words of the proviso name the aggrieved woman and witnesses; they do not mention the respondent, and the text does not say more about him. We do not read anything further into the omission.
Section 17: penalty for breach
"Where any person entrusted with the duty to handle or deal with the complaint, inquiry or any recommendations or action to be taken under the provisions of this Act, contravenes the provisions of section 16, he shall be liable for penalty in accordance with the provisions of the service rules applicable to the said person or where no such service rules exist, in such manner as may be prescribed."
- Who: a person "entrusted with the duty to handle or deal with" the complaint, inquiry, recommendations or action. That covers committee members, but the words are wider than the committee; it reaches anyone given the duty.
- What: contravening section 16.
- Penalty: under the service rules applicable to that person; if there are none, "in such manner as may be prescribed".
Rule 12: five thousand rupees
Rule 12 of the Rules, headed "Penalty for contravention of provisions of section 16", says: "Subject to the provisions of section 17, if any person contravenes the provisions of section 16, the employer shall recover a sum of five thousand rupees as penalty from such person." So where the manner is prescribed, the employer recovers five thousand rupees from the person. Rule 12 begins with "Subject to the provisions of section 17"; that means the service rules come first under section 17. See our article on Rules 8 and 10-12.
Rule 12 says "any person", while section 17 speaks of "any person entrusted with the duty". We do not resolve how those two phrasings fit; the Rules copy consulted gives no further explanation.
Other consequences of breaching section 16
Breaching section 16 has a second effect on committee members. Under section 4(5)(a) (Internal Committee) and section 7(3)(a) (Local Committee), a member who contravenes the provisions of section 16 "shall be removed from the Committee". See section 4 and sections 7 and 8. A recommendation under section 17 may also be the subject of an appeal under section 18 within ninety days.
What the sections do not say
The text does not say how the amount is recovered, whether any hearing precedes the penalty, or what the service rules must provide. Rule 12 prints the sum only. We give no step that the texts do not print.
An example
Nikhil is an HR manager who sits on the Internal Committee. While an inquiry is on, he tells a friend at another company the names of the parties and the substance of the complaint. This is information relating to the inquiry and the identity of the people involved, made known outside the process. Section 17 would make him liable to a penalty under the service rules applicable to him; if his employer has none, the prescribed manner applies and Rule 12 provides for recovery of five thousand rupees. Under section 4(5)(a), he would also be removed from the committee. By contrast, after the case a company newsletter says generally that a complaint under the Act led to action, with no name, address or other particulars pointing to the aggrieved woman or witnesses; the proviso to section 16 allows such information.
Need help with confidentiality and committee protocols?
A confidentiality undertaking, a clear file-handling routine and training for committee members reduce the risk of a breach. Our employment and labour law advisory practice can help you prepare them.
Key takeaways
- Section 16 protects the contents of the complaint, the identity and addresses of the aggrieved woman, respondent and witnesses, conciliation and inquiry information, recommendations and the action taken.
- The bar is on publication or making known to the public, press and media.
- The proviso allows general information on justice secured without particulars that identify the aggrieved woman and witnesses.
- Section 17: penalty under service rules, or as prescribed; Rule 12: five thousand rupees, recovered by the employer.
- A committee member who breaches section 16 is also removed under section 4(5)(a) or 7(3)(a).
Read next
- Section 14 of the POSH Act, 2013: false or malicious complaint
- Section 18 of the POSH Act, 2013: appeal against recommendations
- Section 19 of the POSH Act, 2013: duties of employer
- Rules 8 and 10-12 of the POSH Rules, 2013
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.