Know your laws: What can a man do when falsely accused of sexual harassment?

Published 9 June 2026 · entertainment

Shilpa Shinde, who rose to fame with her lead character in popular TV show 'Bhabhiji Ghar Par Hain', has gone viral after admitting that she

Shilpa Shinde, who rose to fame with her lead character in popular TV show 'Bhabhiji Ghar Par Hain', has gone viral after admitting that she had raised false allegations of workplace sexual harassment against the show's producer in 2016, just to get out of the show. Her statement has sparked a huge debate among netizens and industry insiders about false POSH complaints and their impact. But could the actor face any legal fallout? Read Full Story The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, commonly known as the POSH Act, and the Supreme Court's Vishaka judgment recognise workplace sexual harassment and its impact on women's ability to work outside the home. It exists to protect women employees from sexual harassment — not just in corporate or government offices, but in any place of work: schools, hospitals, film sets, even domestic households. But like any other law, questions have been raised about its misuse and what happens to a man if a woman files a false complaint. Under the Act, the Internal Complaints Committee of the workplace, or the District Complaints Committee, can take action if the complaint is found to be prima facie false and mala fide. Section 14 of the Act provides for penalising the complainant if the complaint is found to be false with malicious intent. The same section also has provisions to ensure that women are not deterred from filing complaints A complaint cannot be seen as false simply because the woman is unable to bring proof or witnesses. The malicious intent has to be specifically established by a separate ICC inquiry before any disciplinary action is recommended against the complainant. Under Section 14, the ICC or the District Committee can order the same penalties on the woman as against the man — from warning and apology to demotion or transfer, withholding promotion, financial penalty or even dismissal from service — if the complaint is found to be deliberately false and malicious. But like any other complaint, it is difficult to prove "deliberate malice" unless there is direct evidence. In 2020, the Madras High Court passed a significant verdict that addressed the issue of false complaints under the Act.

In the State vs Rema Srinivasan Iyengar case, a two-judge bench of the High Court held: "Though the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 is intended to have an equal standing for women in the workplace and to have a cordial workplace in which their dignity and self-respect are protected, it cannot be allowed to be misused by women to harass someone with exaggerated or non-existent allegations." With these observations, the High Court quashed the harassment case against the accused man, but did not pass any orders against the woman complainant. In 2025, the Delhi High Court quashed defamation proceedings against a woman for making a 'false' harassment complaint against her boss, but allowed the woman to be prosecuted for "criminal intimidation" for threatening to file the harassment case. The Delhi High Court drew a line between a complaint and a "threat of complaint". "For defamation to be established, it must be shown that imputations were made with the intention of harming reputation or with knowledge or reason to believe that such imputations would harm reputation. Mere filing of complaints, even if later found to be false, does not automatically constitute defamation, particularly when such complaints are made to authorities in due course of law," held the Delhi High Court. With the largely unorganised nature of work in an industry like film and television, the focus shifts to the District Complaints Committee or internal mediation by industry unions, since there is no "office" and the committee may or may not function properly. In the Shinde case, for example, there was an out-of-court settlement between the actor and producer, releasing the actor from her filming contract and paying the remaining money due to her in exchange for withdrawal of the complaint. WHAT CAN A MAN LEGALLY DO IF SUBJECTED TO A FALSE COMPLAINT? According to legal experts, a man who has been subjected to a false complaint under the POSH Act can either seek action against the woman under Section 14 through an enquiry by the ICC, or he can choose to file a criminal case for defamation or a civil suit for defamation and damages. However, such complaints are examined very carefully by the courts.