Bharatiya Nagarik Suraksha Sanhita, 2023

BNSS Chapter 39

CHAPTER XXXIX

Section 2 — Definitions

India Code (official)

Can men file cases under the PoSH Act?

No, the PoSH Act

only protects women

from sexual harassment in the workplace. However, men can seek legal remedies under other labour and criminal laws.

Section 5 — Saving

India Code (official)

What is a false case under the PoSH Act 2013?

A false case refers to a

maliciously filed complaint with no factual basis

. If proven, the complainant may face disciplinary action as per the Act’s provisions.

Section 8 — Court of Session

India Code (official)

How does the PoSH Act define sexual harassment?

The PoSH Act defines

sexual harassment

as any

unwelcome sexual behaviour

in the workplace, including

physical contact, remarks, displaying explicit content, or requests for sexual favours

.

Section 14 — Executive Magistrates

India Code (official)

Can an employer be held personally liable for sexual harassment committed by an employee?

No, unless the employer is

directly involved or fails to act despite awareness of the complaint

, the individual employee is primarily held accountable.

Section 18 — Public Prosecutors

India Code (official)

What role does the Internal Committee (IC) play in addressing complaints under the PoSH Act?

The IC is responsible for

receiving, investigating, and resolving complaints

, recommending action against the offender, and ensuring compliance with the Act.

Section 22 — Sentences which High Courts and Sessions Judges may pass

India Code (official)

What measures can organisations take to create a safer work environment beyond legal compliance?

Beyond compliance, organisations can

foster an inclusive culture, encourage reporting, establish mentoring programs, and implement stricter workplace policies

against harassment.

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