Dear Members Please let me know if any accident occures in a factory can police register case u/r IPC(Indian Penal Code)?
From India, Mumbai
From India, Mumbai
74
In case where specific act was framed and enacted then the specific act will prevail over the general law. In case of accident happened in factory premises if a case was filed by the factory inspector under the rules of factory act then no police enquiry will be initiated under IPC.
Here is one judgement decided by the Hon'ble Jharkhand High Court (case No. WP (Crl.) No. 412/2009, D/-24-2-2010 : 2010 LLR 1058 in which it was clearly decided that criminal proceeding and FIR under IPC against the company for negligence in taking proper safety measures for the workers in the factory will be quashed since the Factories Act is a special legislation which would prevail over the provision of general law.
KM Kogata
From India, Jaipur
Here is one judgement decided by the Hon'ble Jharkhand High Court (case No. WP (Crl.) No. 412/2009, D/-24-2-2010 : 2010 LLR 1058 in which it was clearly decided that criminal proceeding and FIR under IPC against the company for negligence in taking proper safety measures for the workers in the factory will be quashed since the Factories Act is a special legislation which would prevail over the provision of general law.
KM Kogata
From India, Jaipur
Dear all,
We are looking at the following for our Delhi location :
a. HR Executive
b. Marketing Executive
c. English faculty
d. 2D faculty
e. Personality Development faculty
f. Sketching faculty
Can anybody help me to find these requirement. Anybody may contact me at:
Rajeev Kr Shukla
HR
Mob. 07428223540
From India, New Delhi
We are looking at the following for our Delhi location :
a. HR Executive
b. Marketing Executive
c. English faculty
d. 2D faculty
e. Personality Development faculty
f. Sketching faculty
Can anybody help me to find these requirement. Anybody may contact me at:
Rajeev Kr Shukla
HR
Mob. 07428223540
From India, New Delhi
Yes, Police have every liberty to register an offence under Indian Penal Code (IPC) under section 304(a) for negligence or even u/s 336 of IPC if the person met with an accident not died but sustained serious injury. Normally offence are registered against the person who is incharge of the spot of accident, else the manager or even owner/director can be booked.
Jaya
From India, Pune
Jaya
From India, Pune
Dear Mr. J.N. Singh
After the accident, you have to take the victim to the Hospital immediately if it is serious after giving necessary First Aid to make him stable.
Then you have to inform the same to Factory Inspector. He will visit the premises and he will guide/instruct you what are the actions required to be taken by you.
Whenever you admit the victim in the Hospital the hospital authority will inform the same to Police for registering the Medico-Legal Case. With that the police will register a FIR to that effect and close the issue until unless any complaint submitted by any relatives of the victim.
You have to pay the necessary compensation to the victim through Labour Court as advised by the Factories Inspector.
Police can come if the relatives or the victim have given any complaint, otherwise it is not mandatory to visit the accident spot by the Police People. But Factories Inspector will invariably visit the accident spot.
From India, Kumbakonam
After the accident, you have to take the victim to the Hospital immediately if it is serious after giving necessary First Aid to make him stable.
Then you have to inform the same to Factory Inspector. He will visit the premises and he will guide/instruct you what are the actions required to be taken by you.
Whenever you admit the victim in the Hospital the hospital authority will inform the same to Police for registering the Medico-Legal Case. With that the police will register a FIR to that effect and close the issue until unless any complaint submitted by any relatives of the victim.
You have to pay the necessary compensation to the victim through Labour Court as advised by the Factories Inspector.
Police can come if the relatives or the victim have given any complaint, otherwise it is not mandatory to visit the accident spot by the Police People. But Factories Inspector will invariably visit the accident spot.
From India, Kumbakonam
If any accident or crime happen at any place, police are entitled to come into action. Police can take the action in factory too. Rgds
From United States
From United States
I support Kogata that incidents falling under section 92 of the Factories Act and prosecutable under section 105 of the Factories Act cannot be taken under the Indian Penal Code as was decided in Binod Kumar Dass Vs State of Jharkand (2008 (2) LLJ 692-HC-Jha)
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Dear all
I am agreeing with Mr.Kogata and Mr.Madhu.
One cannot be prosecutable under two different laws of the land.
The fatal and other serious injuries cases inside a factory can be taken only under Factories Act.
I am enclosing the judgment copy referred by Mr.Kogata for ref.
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
I am agreeing with Mr.Kogata and Mr.Madhu.
One cannot be prosecutable under two different laws of the land.
The fatal and other serious injuries cases inside a factory can be taken only under Factories Act.
I am enclosing the judgment copy referred by Mr.Kogata for ref.
S.Sethupathy,
Excellent HR Services,
Erode.
From India, Selam
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