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Section 17: Penalty for publication or making known contents of complaint and inquiry proceedings

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2013
Section 16 All 30 Sections of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Section 18

Legal Commentary & Landmark Judgments: Section 17

Section 17 prescribes direct administrative penalties for any person who breaches the statutory confidentiality obligations mandated under Section 16.

  • Inquiry & Trial Mechanism: Any person entrusted with the duty to handle or deal with the complaint, inquiry, recommendations, or implementation who contravenes Section 16 shall be liable for penalty in accordance with the service rules of the organization.
  • Penal Consequences & Liability: Where no service rules exist, the offending individual is liable to pay a penalty of five thousand rupees to the employer, alongside potential civil damages and departmental censure.

Section 17 imposes direct administrative penalties for breaches of inquiry confidentiality, deterring leaks that could compromise fair workplace investigations.

Key Landmark Precedents:
  • P v. A (2021) SCC OnLine Bom 5110: Held that leaking IC reports or recording transcripts to press or colleagues constitutes contempt and attracts direct punitive sanctions under Section 17.
  • Aureliano Fernandes v. State of Goa (2023) 17 SCC 513: Directed organizations to establish strict non-disclosure firewalls to enforce Section 17 compliance.
Legal Commentary:

Section 17 puts teeth into the confidentiality mandate. Committee members, HR executives, and administrative staff who leak transcripts or gossip regarding sensitive sexual harassment proceedings face immediate disciplinary penalties and career repercussions.

Section 16 All 30 Sections of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Section 18