Section 106 of the Factories Act 1948: Limitation of Prosecutions
Section 106 prescribed the time within which a complaint for an offence under the Factories Act, 1948 had to be made. The provision is important for older proceedings, but the Factories Act has now been replaced by the Occupational Safety, Health and Working Conditions Code, 2020 for the current central statutory framework.
Current provision: Section 110 of the OSHWC Code 2020
Section 110 - Limitation of prosecution and cognizance of offences is the present central provision dealing with this subject under the Occupational Safety, Health and Working Conditions Code, 2020.
The Code also provides that where time for performing an act is granted or extended on an employer's application, limitation is computed from the date on which that granted or extended time expires.
Official source: Occupational Safety, Health and Working Conditions Code, 2020 - Ministry of Labour and Employment. Commencement notification: S.O. 5321(E), dated 21 November 2025.
Meaning of limitation of prosecution
A limitation provision fixes the statutory time within which the prosecution complaint must be instituted for the court to take cognizance of the offence. Under former Section 106, the ordinary period was linked to the date on which the alleged commission of the offence came to the knowledge of an Inspector. Under current Section 110 of the OSHWC Code, the comparable knowledge-based period is six months.
Former Section 106 of the Factories Act 1948
106. Limitation of prosecutions. No Court shall take cognizance of any offence punishable under this Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector.
Proviso: Where the offence consists of disobeying a written order made by an Inspector, the complaint may be made within six months of the date on which the offence is alleged to have been committed.
Explanation:
(a) In the case of a continuing offence, the period of limitation is computed with reference to every point of time during which the offence continues.
(b) Where time for performing an act is granted or extended on an application made by the occupier or manager of a factory, limitation is computed from the date on which the time so granted or extended expires.
How former Section 106 worked
| Situation | Former Factories Act rule |
|---|---|
| Ordinary offence | Complaint within three months from the date the alleged commission of the offence came to the knowledge of an Inspector. |
| Disobedience of written order of Inspector | Complaint could be made within six months from the date on which the offence was alleged to have been committed. |
| Continuing offence | Limitation was computed with reference to every point of time during which the offence continued. |
| Time granted or extended for compliance | Limitation ran from expiry of the time granted or extended on the occupier's or manager's application. |
Former Section 106 and current Section 110 compared
| Point | Former Section 106 | Current Section 110 OSHWC Code |
|---|---|---|
| General limitation | Three months from Inspector's knowledge | Six months from Inspector-cum-Facilitator's knowledge |
| Pre-prosecution compliance opportunity | No equivalent general 30-day mechanism in Section 106 | Ordinarily 30 days, subject to statutory exceptions |
| Continuing offence | Fresh computation at every point during continuance | Comparable continuing-offence rule retained |
| Extended time for an act | Runs from expiry of granted or extended time | Comparable rule retained for an employer of an establishment |
Uttar Pradesh state amendment under the former Act
The earlier page also recorded the Uttar Pradesh insertion of Section 106-A concerning compounding of certain offences under the Factories Act, 1948. That state amendment formed part of the legacy Factories Act framework. Because the central Factories Act has been repealed following commencement of the OSHWC Code, present-day applicability of any legacy state amendment should be checked together with Section 143 of the Code, applicable savings, and current State rules or notifications.
For a current prosecution issue, identify the date of the alleged offence, the date of the Inspector-cum-Facilitator's knowledge, whether the offence is continuing, whether an accident occurred, whether the same violation was repeated within three years, and whether any compliance period was granted or extended.
Official legal sources
Factories Act, 1948 - India Code provides the former central Act text, including Section 106. The Ministry of Labour and Employment commencement notification S.O. 5321(E) brought the OSHWC Code into force on 21 November 2025. For the current statutory framework, refer to the Ministry of Labour and Employment OSH Code page.
Updated: 26 September 2026. This page explains the statutory provisions for general legal information. For a specific prosecution or limitation dispute, the applicable facts, savings provisions, State rules and judicial decisions should also be examined.