On exonerating by IC under Posh Act, accused cannot be criminally prosecuted on same charges: Delhi HC

On exonerating by IC under Posh Act, accused cannot be criminally prosecuted on same charges: Delhi HC

Recently, the Delhi High Court in Ashish Chauhan vs. State (Government of NCT of Delhi) and another [Writ Petition (Criminal) 2802 of 2019, observed that when the internal committee constituted by the employer under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013(“PoSH Committee”) had absolved the accused persons / employees of the employer from all the sexual harassment charges, then the criminal proceedings (filed by the complainant) on the same charges cannot be allowed to continue. In the said case, the court noted that despite the receipt of the e-mail from the complainant wherein she indicated that she did not want to pursue with the complaint, the PoSH Committee proceeded with the inquiry and decided the case on merits.

Also read: To Claim IT Deduction, PF to be deposited in time by Employer: ITAT Mumbai

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November 2024

Tech & Human Equation

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