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POSH Act Compliance Requirements for Employers in India

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In most organisations, POSH compliance is done only when the employee files a written complaint or when the annual report is requested by the District Officer. This is when the missed IC appointments and lack of training are known. In the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, these are not ideal practices; they are mandated practices. As per the legislation, the employer should have already put in place the mechanism for prevention and redressal of any such issue beforehand. Who Must Comply With the POSH Act? This Act extends to all organisations in India, be it firms, startups, LLPs, shops, hospitals, educational institutions, NGOs, and government organisations. This Act includes all women workers in the organisation, whether employees, contractors, interns, trainees, or visitors. In case any office/branch employs 10 or more persons, an Internal Committee needs to be constituted by the employer. If it has fewer than 10, the co...
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How Term Sheets Work in Venture Capital and Angel Investments

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You have been pitching for months, and an investor finally says, "We like it. We will send a term sheet." For many Indian founders, that moment brings both excitement and anxiety. The document looks short, often 3-8 pages, but it will shape your valuation, your ownership, and how much control you keep over the company you built.   This is where most confusion starts. A term sheet is not the final investment. It is a negotiated outline of the deal the investor is willing to do, and it sets the path for all the legal paperwork that follows. What A Term Sheet Really Is? In venture and angel deals, a term sheet is typically a non-binding expression of interest, except for a few clauses that are meant to be binding from day one.   Clause Type Usually Binding? What It Means For You Commercial terms - Valuation, security type, liquidation preference No, subject to definitive documents Can still be renegotiat...
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Location: India
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Filing a Section 156(3) Application Before a Magistrate When Police Refuse to Investigate a Crime

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If the police do not make a register entry of any information that reveals a cognizable offence, then the procedure under the BNSS, 2023 should be followed. Under Section 173(4), the information may be forwarded in writing to the Superintendent of Police (SP). In case the complaint persists, then the complainant can file the matter before the competent Magistrate under Section 175(3) in an attempt to get an order of investigation.   This is an important feature of the present BNSS as opposed to the earlier CrPC in which Section 156(3) had not mentioned some of these procedures. The Supreme Court has pointed out certain distinguishing features between these two provisions, such as sending information in writing to the SP and an application in affidavit form, and even an inquiry by the Magistrate and hearing of the police officer.   What Should You Do After Police Refusal?   For readers searching for what to do if police refuse to register an FIR , the immediate...
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Location: India
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How Long Does a Criminal Trial Practically Take in India from FIR to Final Judgment

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When an FIR has been lodged against you, one common query that arises is: how long will the whole process take?   There is no standardised period for the entire process of an FIR becoming a judgment in all cases across India. This period depends on the stage reached, the nature of the crime, evidence, witnesses, court backlog, applications for adjournments, etc.   The criminal trial duration in India – from FIR to judgment – must be evaluated by taking into consideration the current stage of the process.   How Long Can A Criminal Case Take? There is no specific deadline which would apply in the case of every prosecution from the registration of an FIR till final judgment.   An ongoing investigation may have most of the steps left, whereas in case of a case where everything else is already completed, then there is only judgment left.   For getting a practical idea, one should look for whether the investigation is completed, whether discharg...
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Location: India
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How Breach of Contract Claims Work in Indian Commercial Law

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A supplier fails to make the delivery on time, a customer refuses to pay, or a contractor walks out of the project. All these scenarios involve a breach; however, litigation might not be the answer every time. An organisation should determine what contract obligation was violated, the loss incurred and the desired result. Compensation, termination and specific performance can play very different roles in the process and have varying requirements. When Is a Breach of Contract Occurring? What Should the Law Say? According to section 37 of the Indian Contract Act, 1872, performance of the promises should take place unless there are exceptions established by law. The existence of a breach will depend on the agreement, sequence of obligations and any valid modification. How Can an Organisation Detect a Breach? Let us say that a manufacturing company has promised to provide 1,000 units of some parts by 30 September but supplied only 600. The buyer may have a claim. However, the p...
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Location: India
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