Section 3 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 3 is the core prohibition of the Act. Sub-section (1) says no woman shall be subjected to sexual harassment at any workplace. Sub-section (2) lists five circumstances which, if they occur or are present in connection with an act of sexual harassment, may amount to sexual harassment. This article explains both sub-sections and what they mean for employers and for the Internal Committee. If you want help turning these five clauses into a clear internal policy and briefing for managers, our employment and labour law advisory team can assist.
No woman shall be subjected to sexual harassment at any workplace. Sub-section (2) names five circumstances: an implied or explicit promise of preferential treatment, an implied or explicit threat of detrimental treatment, a threat about present or future employment status, interference with work or an intimidating, offensive or hostile work environment, and humiliating treatment likely to affect health or safety. The list is introduced by the words "among other circumstances" and the circumstances "may amount to" sexual harassment.
The text we follow
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 consolidated copy still prints the older name "Internal Complaints Committee" in places, and the footnotes show the 2016 change to "Internal Committee". This article uses the current names. What counts as sexual harassment is defined in section 2(n); that clause has its own post, What Constitutes Sexual Harassment, Section 2(n), and we do not repeat it at length here.
Sub-section (1): the prohibition
Sub-section (1) is one sentence: "No woman shall be subjected to sexual harassment at any workplace." Three words carry the weight.
- "No woman": the protection is not limited to employees. The phrase works together with the definition of aggrieved woman in section 2(a), which covers a woman "whether employed or not" in relation to a workplace. See our article on clauses (a) to (g).
- "Subjected to": it is the experience of the woman that is addressed; the sub-section does not wait for any outcome.
- "At any workplace": "workplace" is widely defined in section 2(o) and includes places visited in the course of employment, transport arranged by the employer, and a dwelling place or house. See the second part of our section 2 series.
Sub-section (1) does not itself prescribe a penalty or a procedure. Those come from the later sections: the committees and complaint process, the duties of the employer, and the penalty provisions. Think of section 3 as the rule, and the rest of the Act as the machinery that gives it effect.
Sub-section (2): the five circumstances
Sub-section (2) says: "The following circumstances, among other circumstances, if it occurs, or is present in relation to or connected with any act or behavior of sexual harassment may amount to sexual harassment". The five are:
| No. | Circumstance as printed | In plain words |
|---|---|---|
| (i) | implied or explicit promise of preferential treatment in her employment | Something favourable at work is held out, openly or by hint |
| (ii) | implied or explicit threat of detrimental treatment in her employment | Something unfavourable at work is held out, openly or by hint |
| (iii) | implied or explicit threat about her present or future employment status | Her job position now or later is put at risk |
| (iv) | interference with her work or creating an intimidating or offensive or hostile work environment for her | Her work is disturbed or the setting becomes intimidating, offensive or hostile |
| (v) | humiliating treatment likely to affect her health or safety | Treatment that humiliates her in a way likely to affect her health or safety |
What the opening words tell you
Three phrases in the lead-in matter for how the Internal Committee reads the list.
- "Among other circumstances." The list is not closed. A situation outside the five can still be relevant.
- "In relation to or connected with any act or behavior of sexual harassment." The five circumstances attach to an act or behaviour of sexual harassment. They are not separate offences; they are circumstances that go with such an act.
- "May amount to." The Act does not say the circumstances always amount to sexual harassment. Whether they do is a finding for the committee on the facts.
"Implied or explicit"
Clauses (i) to (iii) each use "implied or explicit". So the absence of a spoken promise or threat is not an answer. The word "implied" shows that a promise or threat need not be stated in so many words.
What this means for employers
An employer should treat sub-section (2) as a prompt for policy and training. Supervisors should know that promises and threats connected to appraisals, postings, renewals or confirmation can matter even if they are phrased lightly. Clause (iv) is relevant to a team culture that tolerates intimidation. For the training duty of the employer, see our post on POSH awareness training.
An example
Ritika is a contract designer. Her team lead, Sandeep, tells her that her contract will be renewed "if she is cooperative" about spending time with him outside work, and adds that others who were not cooperative "did not last". Ritika is uncomfortable and reports it to the Internal Committee. The committee would look at sub-section (2): the first remark can be read as an implied promise of preferential treatment (i), and the second as an implied threat about her present or future employment status (iii). Whether the facts amount to sexual harassment is for the committee to decide after following the complaint and inquiry process under sections 9 to 11, not for the employer to decide in advance. For how a complaint is made, see section 9.
Need help with a POSH policy or a complaint process?
A policy that simply repeats the words of section 3 may not help a manager decide what to do on the day. Our employment and labour law advisory practice can help you draft plain-language guidance, set up reporting routes and prepare your Internal Committee to read the circumstances in sub-section (2).
Key takeaways
- Section 3(1): no woman shall be subjected to sexual harassment at any workplace.
- Section 3(2) lists five circumstances, introduced by "among other circumstances", so the list is not closed.
- The circumstances "may amount to" sexual harassment; they are not automatic findings.
- Clauses (i) to (iii) cover promises and threats that are implied or explicit.
- Whether a set of facts amounts to sexual harassment is decided through the complaint and inquiry process.
Read next
- Section 4 of the POSH Act, 2013: constitution of the Internal Committee
- Section 1 of the POSH Act, 2013: short title, extent and commencement
- Section 9 of the POSH Act, 2013: complaint and time limit
- POSH Compliance Checklist for Employers
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.