I am not sure from where you are quoting but here is the legal declaration from the government of India http://wcd.nic.in/wcdact/womenactsex.pdf as per chapter 4 section 9 subsection 1, the accused have only to file a written complaint of the situation.Originally posted by: hippopotamus
Burden of Proof
Under most legal systems, an individual making a sexual harassment claim under civil law is required to prove that the illegal and sexually harassing behavior occurred and that it constituted sex discrimination, a violation of dignity or a health and safety hazard. The respondent (the harasser or employer), by contrast, often has no burden of proving that the behavior did not constitute discrimination, a violation of dignity or a health and safety hazard.