Section 94 of the Factories Act 1948 - Enhanced Penalty After Previous Conviction

Section 94 dealt with enhanced punishment where a person previously convicted of an offence punishable under Section 92 again contravened the same provision. The provision is now of historical relevance because the Factories Act, 1948 has been repealed following commencement of the Occupational Safety, Health and Working Conditions Code, 2020.

Current legal status The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repeals the Factories Act, 1948. Accordingly, Section 94 of the Factories Act should not be presented as the current penalty provision for new contraventions arising under the present central framework. The repeal and savings provisions should be checked for older proceedings, rights, liabilities and offences.

Section 94 at a glance

It applied after a previous conviction for an offence punishable under Section 92.
The later offence had to involve contravention of the same provision.
On subsequent conviction, punishment could extend to three years' imprisonment, or fine from Rs. 10,000 up to Rs. 2,00,000, or both.
Special minimum fines applied where specified safety contraventions resulted in death or serious bodily injury.
A conviction more than two years before the later offence was not taken into account for the purpose of Section 94(1).

Historical text of Section 94

94. Enhanced penalty after previous conviction.

(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 provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to three years or with fine which shall not be less than ten thousand rupees but which may extend to two lakh rupees, or with both.

Provided that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than 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 thirty-five thousand rupees in the case of an accident causing death and ten thousand rupees in the case of an accident causing serious bodily injury.

(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.

The text above is retained for historical reference and reflects the provision as reproduced on this page before repeal of the Factories Act, 1948.

Meaning and operation of Section 94

Section 94 was a repeat-offence provision. A prior conviction under Section 92 of the Factories Act was not, by itself, enough. The subsequent offence had to involve contravention of the same provision. When those conditions were met, Section 94 exposed the offender to a higher punishment than the ordinary general penalty.

The two-year rule in sub-section (2) limited the convictions that could be relied upon for this enhanced penalty. A conviction made more than two years before commission of the later offence was not to be taken into account for the purpose of sub-section (1).

Accidents causing death or serious bodily injury

The second proviso prescribed minimum fines where contravention of provisions in Chapter IV, rules made under that Chapter, or Section 87 resulted in an accident causing death or serious bodily injury. Under the historical provision, the minimum fine was Rs. 35,000 where death resulted and Rs. 10,000 where serious bodily injury resulted.

Current law under the OSH Code 2020

The present central framework is the Occupational Safety, Health and Working Conditions Code, 2020. Its offences and penalties are contained principally in Chapter XII. The numbering should not be confused with the repealed Act: Section 94 of the OSH Code is a general penalty provision, not the former Factories Act rule on enhanced penalty after previous conviction.

Under the OSH Code, repeat-offence consequences are distributed across the relevant penalty provisions. For example, Sections 95, 96 and 97 contain consequences for later convictions under the same provision, while Section 114 restricts compounding for certain second or subsequent offences within three years. The applicable provision depends on the nature of the contravention.

For the repeal itself, Section 143 of the OSH Code expressly includes the Factories Act, 1948 among the enactments repealed upon commencement. Older matters should be examined with the savings clauses and the facts and dates of the particular proceeding.

Amendment history of Section 94

Section 94 was renumbered as sub-section (1) by Act 94 of 1976, Section 41, with effect from 26 October 1976.
Act 20 of 1987, Section 31 substituted the earlier six-month maximum imprisonment with three years, with effect from 1 December 1987.
Act 94 of 1976 amended the fine provision and substituted the proviso, with effect from 26 October 1976.
Act 20 of 1987 further revised the minimum and maximum fines, with effect from 1 December 1987.
Sub-section (2), containing the two-year rule for earlier convictions, was inserted by Act 94 of 1976, Section 41, with effect from 26 October 1976.

Practical legal note

For conduct after 21 November 2025, users should begin with the OSH Code and the applicable rules, regulations and notifications. For conduct, prosecutions or liabilities originating under the repealed Factories Act, the repeal and savings framework may preserve legal consequences in appropriate cases. The relevant dates, alleged contravention, prior conviction and procedural history should therefore be identified before applying a penalty provision.