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POSH Witness Statement

The POSH witness statement is the form the Internal Committee uses to record what a witness saw, heard or knows about the incident under inquiry. It captures question-and-answer evidence in the witness's own words, is read back, and is signed by the witness and committee members.

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[Company Logo][Company Name]

STATEMENT OF WITNESS BEFORE THE INTERNAL COMMITTEE

Complaint Ref. No.:
[Reference Number]
Date of Recording:
[DD/MM/YYYY]
Time:
From [Time] to [Time]
Place / Mode:
[Venue / Video Conference]

Witness Details

Name of Witness
Employee ID (if employee)
Designation / Organisation
Department
Witness called by (Complainant / Respondent / Committee)
Relationship with Complainant
Relationship with Respondent
Language of statement

Committee Members Present

Presiding Officer
Member
Member
External Member

Opening Assurance

The witness was informed of the purpose of the inquiry, that the proceedings are confidential, that retaliation for giving evidence is prohibited, and that the statement will be read back before signing.

Questions and Answers

No.Question (asked by)Answer of Witness
1Please describe what you saw or heard on [DD/MM/YYYY]. (Committee)[Answer]
2Where were you and who else was present? (Committee)[Answer]
3[Question] (on behalf of Complainant)[Answer]
4[Question] (on behalf of Respondent)[Answer]
5Is there anything else you would like to tell the committee? (Committee)[Answer]

Documents Produced by Witness

Document 1 (description, date)
Document 2 (description, date)

Declaration of Witness

I have read / have had read to me the above statement in a language I understand. It is a true and correct record of what I told the committee. I gave this statement voluntarily. I undertake to keep the inquiry and my statement confidential and not to discuss it with any party or colleague.

Witness
[Witness Name]
Signature: ____________
Date: [Date]
Recorded before
[Presiding Officer Name]
Presiding Officer
[Member Name]
Member

What this template includes

  • Witness identity and relationship to both parties, to judge independence
  • Name of the party who called the witness
  • Question-and-answer table preserving exact wording
  • Space for questions put on behalf of the other party
  • Documents produced by the witness
  • Read-back confirmation and signature
  • Confidentiality and non-retaliation undertaking

When to use it

  • Recording a colleague who was present during an alleged incident
  • Recording someone the complainant confided in soon after the incident
  • Taking evidence from a security guard, cab driver or vendor staff
  • Recording a witness named by the respondent in their defence

How to customise this template

  1. 1Add more rows to the Q&A table as needed during the session
  2. 2Record answers verbatim as far as possible, in the language spoken, with translation if needed
  3. 3Note start and end time of the session
  4. 4Number each page and have the witness initial every page
  5. 5File the signed copy as an annexure to the inquiry report

HR tips

  • Ask open questions first ('What did you see?') before specific ones
  • Do not tell the witness what others have said
  • Record a witness's refusal to answer a question, with reason
  • Reassure the witness about protection from retaliation at the start

Witness evidence must be taken in line with the POSH Act, 2013, its rules and principles of natural justice; verify current procedure and take legal advice for disputed cases.

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Frequently asked questions

Can a witness refuse to appear before the POSH committee?+

Employees are generally expected to cooperate with an internal inquiry under company policy, and the committee has certain powers under the Act. Non-employees may participate voluntarily; record any refusal.

Should the respondent be present when a witness is examined?+

Practices vary; many committees examine witnesses separately and share the statement with the parties for response. Follow your policy and ensure both parties can respond.

Does the witness get a copy of their statement?+

The witness signs the statement after it is read back. Whether a copy is given depends on your policy; confidentiality requirements apply either way.