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
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From India, Mumbai
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Yes, they can register case under IPC for negligence, doing any act so rashly or negligently as to endanger human life, or the personal safety of others etc.
From United States
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75From United States
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Dear Singh,
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
From India, Bhubaneswar
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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
From India, Bhubaneswar
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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
From India, Jaipur
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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
From India, Jaipur
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Dear all,
We are looking to fill the following positions at 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 find candidates for these roles? Please contact me at:
Rajeev Kr Shukla
Email: hr@kreativevistas.com
HR
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From India, New Delhi
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We are looking to fill the following positions at 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 find candidates for these roles? Please contact me at:
Rajeev Kr Shukla
Email: hr@kreativevistas.com
HR
Mobile: 07428223540
From India, New Delhi
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[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
From India, Pune
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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
From India, Pune
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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.
From India, Kumbakonam
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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.
From India, Kumbakonam
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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
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From United States
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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
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Regards,
Madhu.T.K
From India, Kannur
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Dear all,
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.
S. Sethupathy, Excellent HR Services, Erode.
From India, Selam
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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.
S. Sethupathy, Excellent HR Services, Erode.
From India, Selam
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I am now working as a Jr. Manager(HR & Admin.). If any vacancy please contact at 8658304960. Please find the attachments of my resume.
From India, Bhubaneswar
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From India, Bhubaneswar
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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.
From India, Pune
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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.
From India, Pune
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Dear sir, I am in need of the below mentioned judgement if available please regards M.Mohamad Abubakkar Manager-Training Mepco
From India, Madras
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From India, Madras
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Thank you, Mr. KM Kogata, for the good information. Please email me the full text of the judgment. If you have any Supreme Court judgments on this same case, kindly share them with me at my email ID: ccfi.safety@gmail.com.
Regards, Rajamannar.
From India, Secunderabad
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Regards, Rajamannar.
From India, Secunderabad
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Though the factory inspector has the power to prosecute for the offenses under the Factories Act, he has no power to conduct an inquest over the body of a deceased person. If the death of an industrial worker has occurred, the body has to be sent to the mortuary of a government hospital. They will accept the body only on receipt of a police memorandum. Before sending the body for a postmortem, the police have to conduct an inquest over the body of the deceased in the presence of the panchayatdars to find out the real cause of death. To conduct the inquest, an FIR is a must. So, the management shall give a police complaint, even to get the body removed from the factory. Even the Factory Inspector should get a postmortem certificate to file a case in court, and this is possible only when an FIR is registered, an inquest held, and the body sent for a postmortem. Of course, thereafter, we can quote the court directions to take action only by the Factory Inspector. There are different judgments in support of a single action or action by both the police and Factory Inspector. We have to prevail upon the police to desist from taking police action, as action is already initiated by the Factory Inspector.
From India, Kumbakonam
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From India, Kumbakonam
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