Dear All,
Please let me know when an accident happened in the factory, whether the police can arrest and book a case against the Factory Manager/Occupier for the fatal accident that occurred in the factory.
Thank you very much.
Pradip CHAUDHARY
From India, Jaipur
Acknowledge(0)
Amend(0)
1Please let me know when an accident happened in the factory, whether the police can arrest and book a case against the Factory Manager/Occupier for the fatal accident that occurred in the factory.
Thank you very much.
Pradip CHAUDHARY
From India, Jaipur
Acknowledge(0)Amend(0)
Dear Pradip,
As per my understanding, police can file an FIR for negligence that has caused death under the Indian Penal Code. Additionally, the Director of Industrial Health and Safety (factory inspector) can take action under Sections 92 and 93 of the Factories Act 1948. However, a person should not be convicted under both laws simultaneously in accordance with the doctrine of double jeopardy. Generally, when a special law is applicable, it shall prevail over the general law.
The doctrine of double jeopardy serves as protection against being prosecuted twice for the same offense. Articles 20-22 of the Indian Constitution contain provisions related to the personal liberty of citizens and others. Furthermore, Section 300 of the Criminal Procedure Code, Section 26 of the General Clauses Act, and Section 71 of the Indian Penal Code clearly provide for protection and the principle that "A person must not be put in peril twice for the same offense," meaning that no one should be punished twice for one offense.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Acknowledge(0)Amend(0)
As per my understanding, police can file an FIR for negligence that has caused death under the Indian Penal Code. Additionally, the Director of Industrial Health and Safety (factory inspector) can take action under Sections 92 and 93 of the Factories Act 1948. However, a person should not be convicted under both laws simultaneously in accordance with the doctrine of double jeopardy. Generally, when a special law is applicable, it shall prevail over the general law.
The doctrine of double jeopardy serves as protection against being prosecuted twice for the same offense. Articles 20-22 of the Indian Constitution contain provisions related to the personal liberty of citizens and others. Furthermore, Section 300 of the Criminal Procedure Code, Section 26 of the General Clauses Act, and Section 71 of the Indian Penal Code clearly provide for protection and the principle that "A person must not be put in peril twice for the same offense," meaning that no one should be punished twice for one offense.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Acknowledge(0)Amend(0)
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
Acknowledge(0)Amend(0)
From India, Jaipur
Acknowledge(0)Amend(0)
Hire a legal counsel near you, as the Factory Act penalty is for negligence, while the IPC case is for accidents and compensation. The police cannot overlook the loopholes and maintenance of factory safety measures; it is the role of the factory inspector to correlate and minimize the troubles. Employers need to hire a legal counsel to address the matter; otherwise, maximum imposition from both sides is possible.
Acknowledge(0)Amend(0)
Acknowledge(0)Amend(0)
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 the 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, although there is no Supreme Court judgment on the matter.
S. Sensharma Industrial Law Consultant, Meerut
From India, undefined
Acknowledge(0)Amend(0)
S. Sensharma Industrial Law Consultant, Meerut
From India, undefined
Acknowledge(0)Amend(0)
In cases of fatal or serious accidents, what should be the action against the Area Inspector of Factories? He is the inspecting officer responsible for ensuring the industrial safety and health of the workers. The 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 or comments?
N. Nataraajhan, Sakthi Management Services
(Hp: +91 94835 17402; Email: natraj@sakthimanagement.com)
From India, Bangalore
Acknowledge(0)Amend(0)
N. Nataraajhan, Sakthi Management Services
(Hp: +91 94835 17402; Email: natraj@sakthimanagement.com)
From India, Bangalore
Acknowledge(0)Amend(0)
Dear Mr. Natraj,
Your question is out of place. As a factory manager and occupier are both being charged, prosecuted, or convicted for their negligence or omission of the provisions of the Factories Act, they are the persons who are ultimately responsible for complying with all provisions, including safety provisions under the Factories Act. How can a government authority be blamed for a factory owner's negligence? He could be answerable to his office about his duties of inspection and related actions if it is justified.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Acknowledge(0)Amend(0)
Your question is out of place. As a factory manager and occupier are both being charged, prosecuted, or convicted for their negligence or omission of the provisions of the Factories Act, they are the persons who are ultimately responsible for complying with all provisions, including safety provisions under the Factories Act. How can a government authority be blamed for a factory owner's negligence? He could be answerable to his office about his duties of inspection and related actions if it is justified.
Shailesh Parikh
99 98 97 10 65
Vadodara
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Mr. Shailesh Parikh,
Thank you for your comments. The Occupier, who may not even visit inside the factory once a year, could be charged, prosecuted, or convicted merely because he has the ultimate responsibility for ensuring the safety provisions in the factory. Why does the government not consider placing some responsibility on the area Inspector of Factories (with his vast experience) who visits inside the factory regularly to enforce more safety measures? This move could make the enforcement authorities take a more serious approach to enforcing strict compliance with safety and health measures in the factory.
Thanks and Regards,
N. Nataraajhan
Sakthi Management Services
From India, Bangalore
Acknowledge(0)Amend(0)
Thank you for your comments. The Occupier, who may not even visit inside the factory once a year, could be charged, prosecuted, or convicted merely because he has the ultimate responsibility for ensuring the safety provisions in the factory. Why does the government not consider placing some responsibility on the area Inspector of Factories (with his vast experience) who visits inside the factory regularly to enforce more safety measures? This move could make the enforcement authorities take a more serious approach to enforcing strict compliance with safety and health measures in the factory.
Thanks and Regards,
N. Nataraajhan
Sakthi Management Services
From India, Bangalore
Acknowledge(0)Amend(0)
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
Acknowledge(0)Amend(0)
From India, Kochi
Acknowledge(0)Amend(0)
Sir, could anyone tell me if, in my area, when an accident occurs, can the local police lodge an FIR under the IPC and arrest the mine manager? The mines fall under the provisions of a special act known as the Coal Mines Act 1952 or the Coal Mines Regulation 1957.
From India, Bhubaneswar
Acknowledge(0)Amend(0)
From India, Bhubaneswar
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Latest Hand book on FBT Sep.2008.pdf
Case studies on R & S.doc