• Skip to primary navigation
  • Skip to main content
eLearnPOSH

eLearnPOSH

Best training on POSH

MENUMENU
  • Courses
    • POSH Foundation
    • POSH for Managers
    • POSH for IC Members
    • POSH for HEI
    • POCSO
    • Unconscious Bias
    • Global Courses
      • Equality, Diversity & Inclusion
      • Sexual Harassment Prevention for US
  • Webinars
    • Our Previous Webinars
  • POSH Act
  • Enterprise features
  • External Member Directory
  • About Us
  • Media
  • Blogs
  •   

Step 4: Evidences and the Reports – in the New Normal

July 20, 2020 by Santhosh KT 3 Comments

Evidence and Reports - in New Normal

This post is part of the “Comprehensive Guide to POSH Compliance in the New Normal”. If you wish to view the Main blog, click here.

Contents hide
1 Evidence
2 Reports
2.1 Findings Report
2.2 Inquiry Report:
2.3 Return to the Index page: “Comprehensive Guide to POSH Compliance in the New Normal”

Evidence

IC members may come across several evidences shared by the complainant, respondent, and the witness during an inquiry. Electronic evidences like emails, video or audio recordings, chat logs, WhatsApp messages, social media posts and much more are often critical in concluding the final result of the inquiry.  It may often be a question about how electronic evidences are to be preserved and documented.

Regarding electronic evidences, we can refer to Evidence Act of 1872. While the year indicates that it is from the colonial era, Section 65 B (added in the year 2000) provides details on how Electronic Evidences are admissible. Supreme Court has provided further clarity on 14th of July 2020 through its judgment.

Any electronic evidence submitted, if it is not in its original form, would need a certificate assuring its originality. This certificate can be provided by the user who used the device during the period. It can also be the IT or Network Manager or the Director of the company.

To simplify, if Person A submits the WhatsApp chat logs in original form, and a copy of the log is printed, then the print shall be certified by Person A to become admissible. The original electronic evidence as a primary evidence may not need a certification. But the printed copy would need this.

The certification is to ensure that it is a true, untampered copy of the original.

Reports

There are three types of reports that IC may have to generate. Findings Report, Inquiry Report and the Annual Report. While the Annual Report must be filed at the end of the year, we hope the Pandemic situation reduces a bit and we can continue the conventional method. The other two reports were usually handed over to the parties physically. These will change in the New Normal.

Findings Report

The POSH Act reads: “a copy of the findings shall be made available to both the parties enabling them to make representation against the findings before the Committee”

Before proceeding to the final report, IC must create a Findings Report and share it with both parties. Based on this report, the parties may provide a final representation if the findings are observed to be wrong.

This usually is a collection of documents and evidences, collected during various interviews, inquiries, and cross examinations. In a virtual scenario, the IC may share this as compressed file, and preferably encrypted with a password. The password shall be shared only with the user to provide additional security and confidentiality.

This step is crucial as it provides adherence to the principles of natural justice.

Inquiry Report:

Inquiry Report must be submitted to the employer within 10 days of Inquiry completion. This report must be made available to the complainant(s) and respondent(s) involved in the case. IC can share the report as a password encrypted compressed file.

The pandemic has changed working conditions drastically and organizations are on their journey to adapt to these changes efficiently. Let’s ensure that our commitment to keep our workplaces, physical or virtual, is not left behind during this journey.

Return to the Index page: “Comprehensive Guide to POSH Compliance in the New Normal”

Disclaimer: The content provided on elearnposh.com website like data, judgments, and opinions are only for informational / educational purposes in a general context. The content do not constitute legal advice and are not a substitute for legal advice for a specific case where the facts of the case are not known. You should seek legal advice or other professional advice in relation to any particular matters you or your organisation may have.

Filed Under: POSH Compliant, Sexual Harassment Policy, Ultimate Guide Tagged With: Evidences, Evidences Act, New Normal

About Santhosh KT

Managing Director & Founder @ Succeed Technologies | eLearnPOSH.com
Simplifying Compliance eLearning for organizations across the globe.

Reader Interactions

Comments

  1. Mahaboob Basha says

    July 26, 2020 at 9:36 am

    This context gives more inputs on reports and evidences.

    Reply
  2. read it here says

    September 22, 2020 at 6:00 pm

    I’ve been browsing online more than three hours today, yet I never found any interesting article
    like yours. It’s pretty worth enough for me. Personally, if
    all web owners and bloggers made good content as you did, the
    net will be a lot more useful than ever before.

    Reply
  3. shiny object syndrome says

    September 22, 2020 at 6:49 pm

    I want to to thank you for this excellent read!! I definitely loved every bit of it.
    I have you bookmarked to look at new things you post…

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Contact Details
  • sales@succeedtech.com
  • +91-70190 12446
  • +91-72591 59807
  • +91-84318 10625
Courses
  • POSH Foundation
  • POSH For Managers
  • POSH For IC Members
  • POSH For HEI
  • POCSO
  • Unconscious Bias
Menu
  • POSH Law
  • Blog
  • Media
  • FAQ
  • T&C for Purchase
Get Social With Us
Linkedin Youtube X-twitter Instagram Facebook
ariba-succeed-mobile

Copyright © 2024 eLearnPOSH.com Powered By Succeed Technologies®

  • Privacy Policy
  • Sitemap

This website uses cookies to improve your experience.
ACCEPT Privacy Policy
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
✕