If you want to file a complaint for inappropriate sexual conduct, whether it happened to you or you witnessed it happening to someone else, you are taking a courageous and important step. Indian law offers several clear routes for reporting such behaviour, from a police FIR to a workplace complaint under the POSH Act, and from online cyber reporting to child protection mechanisms. The right route depends on where the conduct occurred, who was affected, and how serious it was. You do not need to have every detail perfect before you begin. This guide explains each route in simple terms, so you can act confidently and protect the people involved.

Let me begin with the legal framework. Since 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 (BNS) has replaced the Indian Penal Code, and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the Code of Criminal Procedure. Workplace harassment is governed by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). Offences against children fall under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and online conduct is covered by the Information Technology Act, 2000.

Your constitutional rights support every step. Article 21 guarantees the right to live with dignity, which the Supreme Court has repeatedly held includes freedom from sexual harassment. Article 14 guarantees equality, and Article 15(3) permits special provisions for women and children. In Vishaka v. State of Rajasthan (1997), the Supreme Court recognised sexual harassment at the workplace as a violation of these fundamental rights and laid down guidelines that later became the POSH Act.

The first step is to identify what kind of conduct took place, because this decides which law applies. Under Section 75 of the BNS (formerly Section 354A IPC), sexual harassment includes unwelcome physical contact and advances involving explicit sexual overtures, a demand or request for sexual favours, showing pornography against a woman's will, and making sexually coloured remarks. The first three forms are punishable with imprisonment of up to three years, a fine, or both, and sexually coloured remarks with up to one year.

More serious conduct attracts stronger provisions. Under Section 74 of the BNS (formerly Section 354 IPC), assault or criminal force on a woman with intent to outrage her modesty is punishable with imprisonment of one to five years and a fine. Section 76 (formerly Section 354B IPC) punishes assault with intent to disrobe, with three to seven years. Section 77 covers voyeurism, Section 78 covers stalking, and Section 79 (formerly Section 509 IPC) punishes words, gestures, or acts intended to insult a woman's modesty, with imprisonment of up to three years. Rape and sexual assault are covered by Sections 63 to 70 of the BNS.

Many of these BNS provisions specifically protect women. If the person affected is a man or a transgender person, other remedies still apply. These include criminal intimidation under Section 351 of the BNS, hurt under Section 115, and offences under Sections 66E, 67, and 67A of the IT Act for online misconduct, which are gender-neutral. Section 18(d) of the Transgender Persons (Protection of Rights) Act, 2019 punishes sexual abuse of transgender persons. The POCSO Act protects all children regardless of gender.

If the person affected is below eighteen, the POCSO Act applies, and the law becomes much stricter. Sexual assault is punishable under Sections 7 and 8, and sexual harassment of a child under Sections 11 and 12. Crucially, under Section 19 of the POCSO Act, any person who knows or suspects that an offence against a child has been committed or is likely to be committed must report it to the Special Juvenile Police Unit or the local police. Under Section 21, failure to report is itself punishable. If a child is involved, report without delay.

Online sexual misconduct is equally punishable. Sending obscene messages is covered by Section 67 of the IT Act, and sharing sexually explicit material by Section 67A. Capturing or sharing images of a person's private areas without consent is punishable under Section 66E. Repeatedly contacting or monitoring a woman online despite her disinterest amounts to stalking under Section 78 of the BNS. Online complaints can be filed through the National Cyber Crime Reporting Portal at cybercrime.gov.in, which has a dedicated section for crimes against women and children.

Now let us look at the most common route: a police complaint. Any person who has information about a cognizable offence can give it to the police. Most of the offences described above are cognizable, so under Section 173 of the BNSS (formerly Section 154 CrPC), the police must register an FIR. In Lalita Kumari v. Government of Uttar Pradesh (2014), the Supreme Court held that registration of an FIR is mandatory when a cognizable offence is disclosed. You can approach the police station where the incident occurred, or file a Zero FIR at any police station.

The BNSS contains special protections for women complainants. Under the proviso to Section 173(1), when a woman reports offences such as those under Sections 64 to 71, 74 to 79, or 124 of the BNS, her information must be recorded by a woman police officer. If the woman has a temporary or permanent disability, the information must be recorded at her residence or a convenient place, with an interpreter or special educator where needed, and the recording should be videographed. You can also file an e-FIR where your State allows it, which must be signed within three days.

Police officers who refuse to record such complaints face consequences. Under Section 199 of the BNS (formerly Section 166A IPC), a public servant who fails to record information about specified sexual offences against women, including several under Sections 64 to 79, is punishable with rigorous imprisonment of six months to two years and a fine. If the police still refuse, send your complaint in writing to the Superintendent of Police under Section 173(4) of the BNSS. You may also approach the Magistrate under Section 175(3) or file a private complaint under Section 223.

After an FIR is registered, the woman's statement may be recorded by a Magistrate under Section 183 of the BNSS (formerly Section 164 CrPC). In serious sexual offences, a medical examination is conducted under Section 184 of the BNSS (formerly Section 164A CrPC), with the woman's consent, and the BNSS requires the medical report to be sent to the investigating officer within seven days. Under Section 397 of the BNSS (formerly Section 357C CrPC), all hospitals must provide free first aid and medical treatment to victims of sexual offences.

Reporting can feel overwhelming, especially when you are unsure which law applies or worried about retaliation. If you want guidance before you take the first step, the team at Aapka Legal Advice can help you choose the right forum and prepare a clear, well-documented complaint. If the matter needs police escalation or court proceedings, experienced Top Criminal Lawyers in India | Aapka Legal Advice can represent the complainant or support a witness. Our panel of retired judges is also available for consultation, offering a confidential perspective on how courts and committees evaluate such complaints, and working alongside our criminal lawyers to strengthen your approach.

Now let us turn to workplace complaints under the POSH Act. Section 2(n) defines sexual harassment to include unwelcome physical contact and advances, a demand or request for sexual favours, sexually coloured remarks, showing pornography, and any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature. Section 3 recognises that implied or explicit promises of preferential treatment, threats of detrimental treatment, or creating a hostile work environment can also amount to sexual harassment. The Act protects women at the workplace, including employees, interns, visitors, and domestic workers.

Under Section 4 of the POSH Act, every employer with ten or more employees must constitute an Internal Committee. Where there are fewer than ten employees, or where the complaint is against the employer, the complaint goes to the Local Committee constituted under Section 6 by the District Officer. In Aureliano Fernandes v. State of Goa (2023), the Supreme Court found serious gaps in the implementation of the Act and directed authorities to ensure that these committees are properly constituted and functional.

The complaint must be made in writing under Section 9 of the POSH Act, generally within three months of the incident or the last incident in a series. The committee may extend this by another three months if it is satisfied that circumstances prevented a timely complaint. If the aggrieved woman cannot make the complaint due to physical or mental incapacity, death, or other reasons, Rule 6 of the POSH Rules, 2013 allows a relative, friend, co-worker, or other specified persons to file it, generally with her written consent. The Ministry of Women and Child Development's SHe-Box portal also allows online complaints.

Once a complaint is filed, the process follows a clear path. Under Section 10, the committee may attempt conciliation at the woman's request, but no monetary settlement can be the basis of conciliation. Under Section 11, the committee conducts an inquiry, which must be completed within ninety days. During the inquiry, under Section 12, the woman may request interim relief, such as transfer of herself or the respondent, or leave. Under Section 13, the committee sends its findings and recommendations to the employer, who must act on them within sixty days.

Both sides have protections. Under Section 18, either party can appeal against the committee's recommendations within ninety days. Under Section 14, action can be taken for a false or malicious complaint, but the Act expressly states that mere inability to substantiate a complaint or provide adequate proof does not attract such action. Importantly, a POSH complaint does not prevent a criminal complaint. Where the conduct amounts to an offence, the committee can forward it to the police, and the woman can also file an FIR directly.

Educational institutions have their own mechanisms too. Higher education institutions must follow the University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015. These require an Internal Complaints Committee that handles complaints from students and staff. Schools must also have child protection policies, and incidents involving minors must be reported under the POCSO Act.

What if you are a witness rather than the person affected? Your role is valuable, but it must be handled with care. In cases involving adults, it is best to speak privately with the person affected first, offer support, and respect their choices about whether and how to report. Many people need time and reassurance before coming forward. You can help by documenting what you saw, including dates, times, places, and the names of others present.

There are situations where a witness should report directly. If the conduct involves a child, Section 19 of the POCSO Act makes reporting mandatory. If there is an ongoing risk of serious harm, such as sexual assault or threats of violence, contact the police on 112. At the workplace, you may inform the Internal Committee about what you witnessed, and you can later give evidence as a witness in the inquiry. Witnesses are protected against retaliation, and threatening a witness is an offence under Section 232 of the BNS.

Be careful about public accusations, however. Posting allegations on social media or circulating them in groups can expose you to a defamation claim under Section 356 of the BNS, even if your intentions are good. The law does recognise exceptions, such as statements made in good faith for the public good and true imputations. In the defamation case brought by M.J. Akbar against Priya Ramani, a Delhi trial court in 2021 acquitted Ramani, recognising a woman's right to speak about harassment even decades later. Still, the safest course is to report through proper legal channels first.

Evidence strengthens every complaint. Save messages, emails, call logs, voice notes, and social media interactions. Take screenshots that show names, dates, and times. Note the names of witnesses and any CCTV cameras in the area. Write down a detailed account as soon as possible, including exact words used. Electronic evidence must be supported by a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 65B of the Evidence Act), as held in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020).

Do not let delay stop you from reporting. Many survivors take time before speaking up, and courts understand this. In State of Punjab v. Gurmit Singh (1996), the Supreme Court held that delay in reporting sexual offences is natural because of social stigma and trauma, and should not automatically weaken the case. For the more serious offences, there is no limitation period at all. For offences punishable with up to three years, such as Sections 75 and 79 of the BNS, Section 514 of the BNSS prescribes a three-year limitation, which courts can extend for sufficient reasons.

The privacy of the person affected must be protected throughout. Under Section 72 of the BNS, disclosing the identity of a victim of rape and certain related offences is punishable. In Nipun Saxena v. Union of India (2018), the Supreme Court issued detailed directions to protect survivors' identities. Under Section 16 of the POSH Act, the identity of the complainant, respondent, and witnesses, and the details of the inquiry, cannot be published or made known to the public. Respect this confidentiality at every stage.

Support is available outside the legal process too. One Stop Centres, also called Sakhi Centres, provide medical, legal, psychological, and shelter support for women affected by violence. The women's helpline 181, the National Commission for Women, and State Commissions for Women can assist with complaints. Free legal aid is available under Section 12 of the Legal Services Authorities Act, 1987, through the District Legal Services Authority or the NALSA helpline 15100. Victim compensation may be available under Section 396 of the BNSS (formerly Section 357A CrPC).

Retaliation against complainants and witnesses is a real concern, so know your protections. Threats after a complaint can amount to criminal intimidation under Section 351 of the BNS, and threatening a witness is punishable under Section 232. Under Section 398 of the BNSS, every State must notify a witness protection scheme, building on the scheme approved in Mahender Chawla v. Union of India (2018). At the workplace, victimisation for filing a complaint can itself be raised before the Internal Committee.

Please look after your wellbeing while going through this process. Reporting sexual misconduct, whether as a survivor or a witness, can be emotionally exhausting. Lean on trusted friends or family, and consider speaking with a counsellor. If you or someone you are supporting feels overwhelmed, the Tele-MANAS mental health helpline at 14416 offers free and confidential support. In an emergency, always call 112.

If the complaint is pursued and the accused is convicted, the court may order compensation for the victim under Section 395 of the BNSS. At the workplace, the employer may take disciplinary action, deduct compensation from the respondent's salary under Section 15 of the POSH Act, or terminate employment, depending on the service rules. If the police or employer fail to act, you can approach the High Court under Article 226 of the Constitution for directions.

Let me summarise the routes available. For criminal conduct, file an FIR under Section 173 of the BNSS, invoking Sections 74 to 79 of the BNS or other relevant provisions, with protections such as recording by a woman officer. For workplace harassment, file a written complaint with the Internal or Local Committee under Section 9 of the POSH Act within three months, or through SHe-Box. For children, report immediately under Section 19 of the POCSO Act. For online misconduct, use the cyber crime portal and invoke the IT Act.

In conclusion, filing a complaint for inappropriate sexual conduct is your legal right, and the law offers clear, protective procedures for both survivors and witnesses. Choose the right forum, gather and preserve evidence, respect the privacy and choices of the person affected, and do not let delay or fear silence you. If the police or an employer fail to act, escalation routes are available. With proper support and legal guidance, a complaint for inappropriate sexual conduct can lead to real accountability, and every complaint for inappropriate sexual conduct helps create safer spaces for everyone.