Enhanced penalty after previous conviction
Section 94 of the Factory Act , 1948 deals with enhanced penalty after previous conviction. If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provisions he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to [three years] or with fine [which shall no
1[(1) If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provisions he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to 2[three years] or with fine 3[which shall not be less than 4[ten thousand rupees] but which may extend to 5[two lakh rupees] or with both: 6[Provided that the court may, for any adequate and special reasons to be mentioned in the judgment impose a fine of less than 7[ten thousand rupees:] Provided further that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 8[thirty-five thousand rupees] in the case of an accident causing death and 9[ten thousand rupees] in the case of an accident causing serious bodily injury.] 10[(2) For the purposes of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted.]
Section 94, The Factory Act , 1948 (Act 63 of 1948).
Cross-references
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Questions about Section 94
What does Section 94 of the Factory Act deal with?
Section 94 of the Factory Act is headed "Enhanced penalty after previous conviction". If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provisions he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to [three years] or with fine [which shall no
How do I find court cases under Section 94 of the Factory Act ?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Factory Act 1948 94, section 94 Factory Act 1948, section 94 of the Factory Act . Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 94 of the Factory Act , and has it changed?
Its own text turns on section 87 (Dangerous operations), section 92 (General penalty for offences), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.
When was the Factory Act enacted?
Factory Act was enacted in 1948 as Act 63 of 1948. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
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- 7. Notice by occupier1399 words
- 79. Annual leave with wages1249 words
- 64. Power to make exempting rules1007 words
- 28. Hoists and lifts995 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/0dd381b6-b6d6-4e45-bf21-92b5946e4c52.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/1a593b6f-38df-46df-9029-25b37c2befc4/content). This page is not a substitute for legal advice.