This article explores the overlap between workplace sexual harassment law (PoSH) and criminal law under the Bharatiya Nyaya Sanhita, 2023. Through a real-world scenario, it breaks down when a PoSH complaint can run alongside an FIR—and what remedies are available when fear of retaliation or power dynamics in the workplace come into play.

Picture this scenario: Y is a mid-level professional with 10 years of experience. Lately their senior manager X has made comments that Y feels are inappropriate. It started with “casual” comments about Y’s appearance, then progressed to late-night messages and eventually escalated to intimidating remarks when Y did not respond. One day, during lunch while they were seated in the conference room, X placed a hand on Y’s leg and whispered”I like the way you dress—makes late nights at the office more interesting.”

Feeling extremely uncomfortable Y decides enough is enough. She thinks back to the last conversation she had with their lawyer friend. Should she file a complaint with the Internal Committee (IC) under the PoSH Act, or reach out to their lawyer friend and explore the possibility of filing an FIR?

The root of this dilemma is the fear of retaliation. What if the IC does not take the complaint seriously? What if X influences the proceedings or uses their seniority to diminish its impact?

Overlap between PoSH and Criminal Law

One point needs to be made clearly: workplace sexual harassment is not only a breach of workplace conduct—it can also amount to a criminal offence. Certain acts covered under the PoSH Act may also attract criminal liability under the Bharatiya Nyaya Sanhita (BNS), 2023.

For example, unwelcome physical contact, sexually coloured remarks, threats, intimidation, or coercion may fall within the scope of both PoSH and the BNS. In such situations, a PoSH complaint and criminal proceedings can run in parallel.

From PoSH to FIR: How Workplace Harassment Maps to the BNS

• Unwelcome physical contact or advances (touching, grabbing, blocking movement) may attract Section 74 BNS for assault or use of criminal force with intent to outrage a woman’s modesty.
• Sexually coloured remarks (comments on appearance, sexual jokes, inappropriate statements) may fall under Section 75 BNS, which criminalises sexual harassment.
• Demand or request for sexual favours (explicit or implicit, including when linked to workplace benefits) may also fall under Section 75 BNS.
• Showing pornography at the workplace (displaying or circulating sexual images/videos) may amount to workplace misconduct and may also attract Section 75 BNS where done against a woman’s will.
• Sexual gestures or messages may attract Section 79 BNS where they involve words, gestures, or acts intended to insult a woman’s modesty, depending on the facts.

In conclusion, sexual harassment at work can also be a criminal offence. The PoSH process and an FIR can run in parallel, and the Internal Committee must support the complainant’s choice—confidentially, neutrally, and without delay or influence.

How SHLC Can Help

At SHLC, we help organizations comply with the PoSH Act by providing tailored policies, training, and unbiased investigations. We also empower employees with legal guidance and support, ensuring a safe and respectful workplace for all. Read more about it at https://shlc.in/services-offered/

To learn more contact us via email at contact@shlc.in or on +91-9625392040

Disclaimer

The information provided in this blog post is for general informational purposes only and is not intended to be legal advice. While we strive to provide accurate and up-to-date information, the law is constantly evolving. This blog post does not constitute a lawyer-client relationship and should not be used as a substitute for seeking professional legal advice. For specific PoSH- related questions and concerns, please consult with a qualified lawyer or PoSH expert.