# The Factories Act, 1948, Section 104: Onus as to age

- Act: The Factories Act, 1948 (Act 63 of 1948)
- Source URL: https://indiacode.ecourtsindia.com/factories-act-1948-bihar/section/104/

## Text

(1) When any act or omission would, if a person wear under a certain age, be an offence punishable under this Act, and such person is in the opinion of the Court prima facie under such age, the burden shall be on the accused to prove that such person is no under such age. 1. Subs. by Act 20 of 1987, s. 37, for "fifty rupees" (w.e.f. 1-12-1987). (2) A declaration in writing by a certifying surgeon relating to a worker that he has personally examined him and believes him to be under the age stated is such declaration shall, for the purposes of this Act and the rules made thereunder, be admissible as evidence of the age of that worker. 1[104A. Onus of proving limits of what is practicable, etc .- In any proceeding for an offence for the contravention of any provision of this Act or rules made thereunder consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or, as the case may be, all practicable measures were taken to satisfy the duty or requirement.]

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