Section 9 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 is the starting point of every case under the Act. It says that an aggrieved woman may make a written complaint to the Internal Committee, or to the Local Committee where there is no Internal Committee, within three months of the incident, and that the committee may extend that period by up to three months for recorded reasons. If you need advice on preparing or answering a complaint, see our legal consultation service.
The aggrieved woman makes a written complaint to the Internal Committee if so constituted, or to the Local Committee if it is not, within three months from the date of the incident, or from the date of the last incident in a series. If she cannot write it, the committee must give all reasonable assistance. The committee may extend the time by not more than three months, for reasons recorded in writing. If she cannot complain, her legal heir or a prescribed person may (Rule 6).
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), and the Rules copy carries several printing slips which we flag where they arise.
Sub-section (1): to whom, in what form and by when
"Any aggrieved woman may make, in writing, a complaint of sexual harassment at workplace to the Internal Committee if so constituted, or the Local Committee, in case it is not so constituted, within a period of three months from the date of incident and in case of a series of incidents, within a period of three months from the date of last incident."
| Question | What the text says |
|---|---|
| Who | "Any aggrieved woman" (see section 2(a)) |
| To whom | The Internal Committee if so constituted; the Local Committee if it is not |
| In what form | In writing |
| When | Within three months from the date of the incident; for a series of incidents, within three months from the date of the last incident |
The words "if so constituted" matter. Where an employer has constituted an Internal Committee, the complaint goes to it. Where it has not, the complaint goes to the Local Committee; section 6 also sends to the Local Committee a complaint against the employer himself. See our article on section 6.
A series of incidents
For a series of incidents the period of three months runs from the date of the last incident. The section does not define "series" or say how many incidents make one; the committee reads the facts. An aggrieved woman should note the dates of each incident.
The first proviso: help in writing the complaint
"Where such complaint cannot be made in writing, the Presiding Officer or any Member of the Internal Committee or the Chairperson or any Member of the Local Committee, as the case may be, shall render all reasonable assistance to the woman for making the complaint in writing." So the committee does not turn away a woman who cannot write or draft; a Presiding Officer or Member (or Chairperson or Member) must help. The complaint still has to end up in writing.
For the documents to be submitted with the complaint, Rule 7(1) says the complainant shall submit six copies of the complaint along with supporting documents and the names and addresses of the witnesses, subject to section 11. See our article on Rule 7.
The second proviso: extension of time
"The Internal Committee or, as the case may be, the Local Committee may, for the reasons to be recorded in writing, extend the time limit not exceeding three months, if it is satisfied that the circumstances were such which prevented the woman from filing a complaint within the said period."
- Who decides: the committee, not the employer.
- How: by recording reasons in writing.
- How long: "not exceeding three months", so the maximum outer limit counted from the starting point is six months.
- When: only if the committee is satisfied that the circumstances prevented the woman from filing within the first period.
The proviso says "may", so the extension is a matter for the committee's satisfaction. The text does not list the circumstances. A woman who is late should therefore explain in the complaint why she could not file earlier. For timelines in other proceedings, see our post on limitation periods.
Sub-section (2): when the woman cannot complain
"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." Rule 6 fills in the "such other person".
| Situation under Rule 6 | Who may file |
|---|---|
| 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 the written consent of the aggrieved woman |
| Mental incapacity | Her relative or friend; a special educator; a qualified psychiatrist or psychologist; the guardian or authority under whose care she is receiving treatment or care; or any person with knowledge of the incident jointly with one of those persons |
| Any other reason | Any person who has knowledge of the incident, with her written consent |
| Death | Any person who has knowledge of the incident, with the written consent of her legal heir |
The copy of the Rules prints "Notional Commission for Women" and "her relative of friend"; both are printing slips. See our article on Rule 6.
What happens next
After the complaint, the committee may take steps for conciliation at her request under section 10, or proceed to inquiry under section 11 (see Inquiry Process Under POSH Act, Section 11). Our topic guide on the complaint filing process gives a general overview.
An example
Divya is a sales executive. An incident took place on 5 March, and another on 20 April. She wants to complain. Because these are a series, section 9(1) counts the three months from 20 April, the date of the last incident. She is unable to write an English complaint, so she asks the Presiding Officer for help; the first proviso requires all reasonable assistance in putting it in writing. If she files after the three months, the Internal Committee may extend the time by up to three months only if it records reasons in writing and is satisfied that circumstances prevented her from filing in time.
Need help with a complaint or a response?
Whether you are preparing a complaint, supporting someone who cannot file, or advising an employer on how to receive one, getting the form and timing right matters. Our legal consultation team can help you plan the filing and the supporting papers.
Key takeaways
- A complaint is made in writing to the Internal Committee, or the Local Committee if there is no Internal Committee.
- The period is three months from the incident, or from the last incident in a series.
- The committee must give all reasonable assistance if the woman cannot put it in writing.
- The committee may extend by not more than three months, with reasons recorded in writing.
- If she cannot complain, her legal heir or a person under Rule 6 may do so.
Read next
- Section 10 of the POSH Act, 2013: conciliation before inquiry
- Rule 6 of the POSH Rules, 2013: who may file a complaint on behalf of the aggrieved woman
- Section 4 of the POSH Act, 2013: constitution of the Internal Committee
- 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.