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Showing posts from October, 2026

Malicious Complaints vs. Unsubstantiated Claims—Section 14 Safeguards

  A persistent point of concern for leadership teams and IC members alike is the potential misuse of the POSH framework. Section 14 of the POSH Act addresses this by detailing provisions for false or malicious complaints, as well as forged evidence. However, applying Section 14 requires a sharp, uncompromising distinction between a malicious complaint and an unsubstantiated complaint. An unsubstantiated complaint occurs when the IC completes its inquiry and concludes that the evidence provided does not cross the threshold of probability required to prove the allegation. Inability to prove a claim does not automatically mean the claim was false. Memory gaps, lack of third-party corroboration, or evidentiary ambiguities often result in an unsubstantiated finding without any dishonest intent by the complainant. A malicious complaint , on the other hand, requires affirmative proof of bad faith and conscious deception. To recommend action under Section 14, the IC must establish tha...