When addressing sexual harassment, it is a fundamental misconception that a complainant must choose between the Internal Committee (IC) and FIR to the police. In reality, workplace redressal and criminal justice are independent rights that can and often do run simultaneously, meaning an employee does not have to pause their internal complaint just because they have approached the authorities.
There are multiple compliant forums available under the POSH Act for redressal for women as complainants. Read more: https://safespacesinc.in/where-can-i-make-a-posh-complaint-beyond-the-internal-committee/
One such forum is an FIR with the police. We will use the blog below to clarify some fundamentals on the role of the Internal Committee in a scenario where a complainant chooses to lodge an FIR with the police.
Key Differences: IC Inquiry vs FIR (Comparison Table)
| Feature | IC Inquiry (POSH Act) | FIR (Bharatiya Nyaya Sanhita) |
| Nature | Civil / Workplace Proceeding | Criminal Proceeding |
| Goal | Disciplinary / Preventive Action | Police Investigation & Trial |
| Burden of Proof | Preponderance of Probability | Beyond Reasonable Doubt |
| Confidentiality | Mandatory (POSH Section16) | Identity Protection (BNS) |
| Outcome* | Disciplinary Action (e.g., warning, termination) | Imprisonment / Fine |
| Parallel Action | Can run simultaneously with an FIR | Can run simultaneously with an IC inquiry |
Both routes are independent and may operate simultaneously when conduct amounts to both workplace sexual harassment and a criminal offence.
Key BNS Sections: Section74 (Outraging Modesty), Section75 (Sexual Harassment), Section76 (Disrobing), Section77 (Voyeurism), Section78 (Stalking), Section86 (Mental Cruelty – domestic context).
Key Case Laws: Vishaka (1997), Medha Kotwal (2013), Punita Kalia (2021), Aureliano Fernandes (2023), Madras HC (2024).
With the Bharatiya Nyaya Sanhita (BNS) replacing the IPC, every Internal Committee member must familiarise themselves with workplace sexual-harassment redressal with both the POSH Act 2013 and the relevant BNS provisions (Section 74–78, Section 86). Read BNS sections here: https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf
4 Actionable Takeaways for Employers in 2025
- Re-train Your IC: Your Internal Committee must be trained on the BNS and understand their role is separate from any police investigation.
- Do Not Wait for FIR: An IC inquiry should not be stopped or paused just because an FIR has been filed. They are two independent processes.
- Uphold Rights: Ensure your process clearly informs both the complainant and respondent of their specific rights during the inquiry.
FAQs
Q: Can an IC inquiry and FIR happen at the same time?
A: Yes. Both processes are independent. An IC inquiry under the POSH Act should continue even if a criminal FIR has been filed under BNS provisions.
Q: Do employers need to update their POSH policies for BNS?
A: Optional. If POSH policies are referencing IPC sections then they must be updated to cite the corresponding BNS sections (Section74-78 & Section 86).
Q: What is the burden of proof difference between IC and FIR?
A: IC inquiries use “preponderance of probability” (civil standard), while FIRs require “beyond reasonable doubt” (criminal standard).
Q: Is it mandatory for a complainant to inform the IC before lodging an FIR?
A: No. It is not mandatory for the complainant to inform the Internal Committee (IC) or the employer before lodging an FIR. The IC cannot demand that an internal complaint be made first.
Q: What is the role of the IC for lodging an FIR/ supporting the police?
A: This response can be broken down to multiple sections:
- Complainant informed IC that they wish to lodge an FIR : In this scenario, it is the responsibility of the IC (or employer) to support the complainant lodge an FIR. Read duties of employer here : https://safespacesinc.in/what-are-my-duties-as-an-employer-under-the-posh-act/
- The offense has been committed by a third party in an individual capacity : In this scenario, the organisation’s IC should support the complainant lodge an FIR
- The nature of the offense is serious : When the offense amounts to assault/rape, then the IC may recommend and support the complainant in lodging an FIR
- Simultaneous complaints with IC & Police : In this scenario, the IC has to proceed independently in their inquiry while co-operating with the police for their investigation, as necessary
Q: My organisation has a gender neutral policy for POSH. How do we support complainants from all genders?
While your policy may protect all genders from sexual harassment, the POSH Act was created with women as complainants in mind. Here are some things to know:
- The obligation of the employer to support lodging an FIR if the complainant wishes to do so, is extendable only for women as complainants
- Under BNS, read the sections clearly and then provide required support. Some of the sections are explicit about the genders of the complainant and accused whereas others may be gender neutral. Ex: Section 78 (Stalking) states clearly that the accused has to be a man and the complainant has to be a woman.
Quick guide for sexual harassment complaint all genders: https://safespacesinc.in/where-can-i-make-a-posh-complaint-beyond-the-internal-committee/
Q. Is there a correlation between the outcome of the IC inquiry and the police investigation?
- Recently the Delhi High court ratified that even if the Internal Committee found the respondent innocent, that shouldn’t necessarily impact the outcome of police inquiry. Reference Article : Asif Hamid Khan v. State & Anr. https://courtbook.in/posts/delhi-high-court-dismisses-plea-to-quash-sexual-harassment-case-says-departmental-exoneration-not-enough
Ensure Your Organization is BNS-Compliant
While the POSH Act doesn’t specifically speak of the interaction between the Internal Committee Inquiry and FIR, it is practical for the IC to be updated on their role in both and not just the internal inquiry. The shift from IPC to BNS definitely requires attention from every employer in updating policies, retraining IC members, and understanding the parallel nature of IC inquiries and FIRs.
Need help with understanding the practical and legal aspects of POSH beyond what is written in the POSH Act?
Safe Spaces offers:
• End-to-end POSH compliance
• External Member for the IC
• Internal Committee Training/ Capacity Building
• POSH Employee Training
• POSH e-learning
• POSH Posters
Contact us today at support@safespacesinc.in or explore our POSH compliance services at safespacesinc.in
POSHitive Outlook
POSHitive, a mini-blog by Safe Spaces Inc., aims to simplify POSH compliance into easily digestible pieces.
Remember, creating Safe Spaces at work is not just a legal obligation but an ethical commitment to contribute to a positive and thriving work environment.
Join us on our journey towards building workplaces where everyone feels secure, respected, and empowered. After all, Safe Spaces are the foundation of a POSHitive future!
For further support on POSH Compliance, POSH Trainings, or Diversity, Equity, Inclusion, and Belonging (DEIB) training, visit Safe Spaces Inc. or contact us at support@safespacesinc.in
PS: This blog is for informational purposes only and should not be considered legal advice. If you have experienced sexual harassment, please seek professional help or contact the relevant authorities.
