POSH Act--False and Malicious Complaint--Penal Action Under Section 14 Confined to the Complainant and Does Not Extend to the Instigator of a False Complaint
Section 14 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, limits penal action for false and malicious complaints to the woman who filed the complaint or the person who made the complaint on her behalf. The Act does not provide for any punishment against a person who instigated the filing of such a false complaint. An ICC's power of recommendation under Section 14 does not extend to third-party instigators, regardless of the role attributed to them. Thus, POSH Act penalises a woman for filing a false complaint but not someone who 'Instigates' her to lodge it.
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