Factory Accidents: Can Police File a Case Under the Indian Penal Code?

Dear Members, please let me know if any accident occurs in a factory. Can the police register a case under the Indian Penal Code (IPC)?

Thank you.

Yes, they can register a case under IPC for negligence, doing any act so rashly or negligently as to endanger human life or the personal safety of others, etc.

It is the responsibility of the police to maintain law and order in the state. Therefore, it is the responsibility of the employer to inform the police in case of an accident. They will register the case as per the applicability and will start investigating.

Regards,
Shaikh

In cases where a specific act was framed and enacted, the specific act will prevail over the general law. In the case of an accident happening on factory premises, if a case is filed by the factory inspector under the rules of the Factory Act, then no police inquiry will be initiated under the IPC.

Here is one judgment 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 proceedings 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 that would prevail over the provisions of general law.

KM Kogata

[QUOTE=Jnsingh2011;1510115]Dear Members, please let me know if any accident occurs in a factory, can the police register a case under IPC (Indian Penal Code)?

Yes, the police have every liberty to register an offense under the Indian Penal Code (IPC) under section 304(a) for negligence or even under section 336 of IPC if the person involved in the accident did not die but sustained a serious injury. Normally, offenses are registered against the person who is in charge of the accident spot; otherwise, the manager or even the owner/director can be booked.

Jaya

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 stabilize him. Then, you have to inform the Factory Inspector. He will visit the premises and guide/instruct you on the actions required to be taken.

Whenever you admit the victim to the hospital, the hospital authority will inform the police to register the medico-legal case. The police will then file an FIR accordingly and close the issue unless a complaint is submitted by any relatives of the victim.

You are required to pay the necessary compensation to the victim through the Labor Court as advised by the Factory Inspector. Police may visit if a complaint is made by the relatives or the victim, but it is not mandatory for them to visit the accident spot if no complaint is lodged. However, the Factory Inspector will invariably visit the accident spot.

Thank you.

I support Kogata's view 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 Jharkhand (2008 (2) LLJ 692-HC-Jha).

Regards,
Madhu.T.K

I agree with Mr. Kogata and Mr. Madhu. One cannot be prosecuted under two different laws of the land. Cases involving fatal and other serious injuries inside a factory can only be addressed under the Factories Act. I am enclosing the judgment copy referred to by Mr. Kogata for reference.

Regards,
S. Sethupathy, Excellent HR Services, Erode.

Shri Kogata, it was interesting to learn about the Jharkhand High Court Judgment disallowing police interference in an accident inquiry, which would normally fall under the purview of the Factories Act of 1948, a special Act enacted to regulate the safety and welfare of labor in factories. I would be thankful to you if you could email me the full text of the said Judgment.

Regards,
RDKichambare.

I am in need of the below-mentioned judgment if available, please.

Regards,
M. Mohamad Abubakkar
Manager-Training
Mepco

Factory Inspector's Role in Industrial Worker Death Investigations

Though the factory inspector has the power to prosecute for offenses under the Factories Act, he does not have the authority to conduct an inquest over the body of a deceased person. If the death of an industrial worker occurs, the body must be sent to the mortuary of a government hospital. The hospital will accept the body only upon receipt of a police memorandum.

Before sending the body for a postmortem, the police must conduct an inquest over the body of the deceased in the presence of the panchayatdars to determine the real cause of death. To conduct the inquest, an FIR is essential. Therefore, the management must file a police complaint, even to have the body removed from the factory.

Even the Factory Inspector needs a postmortem certificate to file a case in court, and this is only possible when an FIR is registered, an inquest is held, and the body is sent for a postmortem. Of course, thereafter, we can cite court directions to take action only by the Factory Inspector. There are different judgments supporting a single action or actions by both the police and the Factory Inspector. We must persuade the police to refrain from taking action, as action has already been initiated by the Factory Inspector.