Is There A Time Limit On Filing Harassment Complaint: 4 Legal Nuances You Must Know

Time Limit On Filing Harassment Complaint: Harassment complaints are often delayed due to fear, confusion, or lack of legal clarity but timing can play a crucial role in determining whether a complaint is even maintainable. Many people are unaware that different laws prescribe different limitation periods, and missing these deadlines may affect legal remedies. The National Commission for Women (NCW) received more than 7,698 harassment complaints in 2025, which includes sexual assault cases, domestic violence, and criminal cases across India.

To break down the complexities and clear common misconceptions, we spoke to Manmeet Kaur, Lawyer and Partner at Karanjawala & Co., who shared expert insights on the time limits, legal facts, and key considerations individuals must know before filing a harassment complaint:

1. Is There A Time Limit For Filing Harassment Complaints Under Indian Law?

Yes, under Indian Law the period within which a harassment complaint must be filed varies according to the type of legal proceedings involved. Workplace sexual harassment complaints are time-bound under the POSH Act, while criminal harassment cases are governed by limitation periods under the Bharatiya Nagarik Suraksha Sanhita, and some serious offences may have no limitation.

2. Can Courts Or Authorities Accept Delayed Harassment Complaints, And On What Grounds?

The cognizance of delayed workplace harassment complaints with reasonable cause  may be accepted by the Court in the interest of justice. Section 9(1) of the POSH Act, 2013, which provides for three months timeline, extendable by another three months.

Manmeet Kaur highlights, “It is pertinent to mention that, delays due to fear, trauma, lack of awareness, or ongoing harassment are also considered valid, as a “continuing wrong” under Section 22 of the Limitation Act, 1963, basis which delay in filing the Complaint can be condoned, the same has been held by the Hon’ble High Court of Madras in R. Mohanakrishnan vs. The Deputy Inspector General of Police (W.P. No. 10707 of 2024). The Supreme Court in Medha Kotwal Lele v. Union of India (2013) and Aparna Basu v. Union of India (2018) emphasised sensitivity and recognition of systemic barriers faced by women.”

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3. What Happens If A Complaint Is Filed After The Limitation Period Expires?

Under Section 3 of the Limitation Act, 1963, and Section 514 of the BNSS, courts are generally mandated to dismiss complaints filed after the prescribed statutory period.

Kaur explained, “In a landmark case R. Mohanakrishnan vs. The Deputy Inspector General of Police (W.P. No. 10707 of 2024), the Hon’ble Madras High Court held that a grave, isolated instance of sexual harassment can be classified as a “continuing offence” under Section 22 of the Limitation Act, 1963, if it results in ongoing trauma and fear.  It is pertinent to mention that by framing the psychological impact as a persistent injury upon the victim, the Hon’ble Courts may effectively by-passed traditional limitation barriers, ensuring that the POSH Act’s remedial purpose is not defeated by technical delays in reporting.”

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4. What Should Victims Do If They Are Unsure Whether The Time Limit Has Passed?

If the victim is unsure whether the three-month time limit for filing a harassment complaint has lapsed under the POSH Act, the victim should promptly submit a written complaint to the Internal Complaints Committee (ICC) or Local Complaints Committee (LCC), including any reasons for delay.

“Section 9(1) mandates filing within three months from the incident (or last incident in a series) but the committee may extend this by up to three more months if satisfied with recorded reasons showing circumstances prevented timely filing,” says Kaur.

Understanding these aspects for filing a harassment complaint is crucial for safeguarding your legal rights and ensuring a path to justice.

For more such stories, stay tuned to HerZindagi. 

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