Dear All,
Please let me know when accident happened in factory, Whether police can arrest & book a case to Factory Manager / Occupier for fatal accident happened in factory ?.
Thank you very much
Pradip CHAUDHARY
From India, Jaipur
1Please let me know when accident happened in factory, Whether police can arrest & book a case to Factory Manager / Occupier for fatal accident happened in factory ?.
Thank you very much
Pradip CHAUDHARY
From India, Jaipur
Dear Pradip
As per my understanding police can file an FIR for negligence that has caused the death under Indian Penal Code.
As well the Director of Industrial health and safety (factory inspector) can take action under section 92 and 93 of factories Act 1948.
However he should be convicted under either of the law as per doctrine of double jeopardy. Generally where ever a special law is applicable it shall prevail over general law.
Doctrine of Double Jeopardy
Doctrine of double jeopardy is a protection against prosecution twice for the same offence. Under Articles of 20-22 of the Indian Constitution, Provisions are made relating to personal liberty of citizens and others. Apart from this, Section 300 of the criminal procedure Code and section 26 of the general clauses act and section 71 of the Indian penal code clearly provides for protection and principles of "A person must not be put in peril twice for the same offence that is to say 'No one ought to be punished twice for one offence.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
As per my understanding police can file an FIR for negligence that has caused the death under Indian Penal Code.
As well the Director of Industrial health and safety (factory inspector) can take action under section 92 and 93 of factories Act 1948.
However he should be convicted under either of the law as per doctrine of double jeopardy. Generally where ever a special law is applicable it shall prevail over general law.
Doctrine of Double Jeopardy
Doctrine of double jeopardy is a protection against prosecution twice for the same offence. Under Articles of 20-22 of the Indian Constitution, Provisions are made relating to personal liberty of citizens and others. Apart from this, Section 300 of the criminal procedure Code and section 26 of the general clauses act and section 71 of the Indian penal code clearly provides for protection and principles of "A person must not be put in peril twice for the same offence that is to say 'No one ought to be punished twice for one offence.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Thank you very much for reply. But will be the role of factory inspector in fatal. because section 92 FA, factory inspector can give penalizes for max one lakh.
From India, Jaipur
From India, Jaipur
hire a legal counsel near you, as factory act penalty is for negligence, while the IPC case for accident and compensation, police can nt look the loopholes and maintenance of factory safety measures, it is the role of factory inspector
to co-relate and minimize the troubles employer needs to hire a legal counsel to look the matter otherwise both side maximum imposition is possible
to co-relate and minimize the troubles employer needs to hire a legal counsel to look the matter otherwise both side maximum imposition is possible
I would advise you to please go through my article "Whether an employer can be prosecuted simultaneously under the provisions of the Factories act 1948 and Indian penal code, 1860. The article was published in the Indian Factories and Labour Reports in the year 2017. The same is attached. It will clarify the issue raised by you though there is no Supreme Court judgment on the matter.
S. Sensharma
Industrial law Consultant, Meerut
From India, undefined
S. Sensharma
Industrial law Consultant, Meerut
From India, undefined
In cases of Fatal or serious accidents, what should be the action against the Area Inspector of Factories - because he is the Inspecting Officer for ensuring the Industrial Safety and Health of the Workers. Occupier, Manager or the Safety Officer could be punished only when safety conditions are not maintained or specific instructions relating to safety norms prescribed by the Factory Inspector are not adhered to. Any views / comments ?.
N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402 ; E-mail :
)
From India, Bangalore
N Nataraajhan, Sakthi Management Services (Hp : + 91 94835 17402 ; E-mail :
From India, Bangalore
Dear Mr. Natraj
Your question is out of place. As factory manager and occupier both are being charged, prosecuted or convicted for their negligence or omission of the provisions of Factories Act, and they are the persons who are finally and ultimate responsible to comply with all provisions including that of safety provisions under factories Act. How a government authority can be blamed for factory owners negligence? He could be answerable to his office about his duties- of inspection and related action, if it is justified.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Your question is out of place. As factory manager and occupier both are being charged, prosecuted or convicted for their negligence or omission of the provisions of Factories Act, and they are the persons who are finally and ultimate responsible to comply with all provisions including that of safety provisions under factories Act. How a government authority can be blamed for factory owners negligence? He could be answerable to his office about his duties- of inspection and related action, if it is justified.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Dear Mr Shailesh Parikh
Thanks for your comments. The Occupier who may not even visit inside the Factory once in a year could be charged, prosecuted or convicted merely because he has the ultimate responsibility for ensuring the safety provisions in the factory, why not the Govt think of some responsibility for the area Inspector of Factories (with his vast experience) who visit inside the Factory regularly with a view to enforce more safety measures. The move could make the enforcement authorities to be more serious in enforcing strict compliance of safety and health measures in the Factory.
Thanks and Regards
N Nataraajhan, Sakthi Management Services
From India, Bangalore
Thanks for your comments. The Occupier who may not even visit inside the Factory once in a year could be charged, prosecuted or convicted merely because he has the ultimate responsibility for ensuring the safety provisions in the factory, why not the Govt think of some responsibility for the area Inspector of Factories (with his vast experience) who visit inside the Factory regularly with a view to enforce more safety measures. The move could make the enforcement authorities to be more serious in enforcing strict compliance of safety and health measures in the Factory.
Thanks and Regards
N Nataraajhan, Sakthi Management Services
From India, Bangalore
My understanding is that the IPC and Factories Act operate in different fields and the decision of the Allahabad High Court lays down the correct law.
From India, Kochi
From India, Kochi
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