Section 304A IPC & Section 92 of Factories Act, 1948 – Section 26 of General Clauses Act

Crime No.235/2017 for offences under Sections 304A read with 34 of the IPC was registered against the owner and the manager for death of employee in the Rice Mill while using electric motor for pumping water on 6.10.2017.

Separate complaint was filed by the Assistant Director of Factories, for the offence under Section 92 of the Factories Act, 1948.

HELD that the offences under Section 92 of the Factories Act and Section 304A of the IPC are of the same kind, punishable with same punishment and hence, as per section 26 of the General Clauses Act, the offender can be prosecuted only under one enactment.  Even otherwise the Factories Act does not permit parallel prosecutions under two different Acts against a person for offences under the Factories.   Section 92 is the only section which make the contravention as criminal offence and prescribes punishment and fine.

Section 26 of the General Clauses Act states that an offender who commits an offence under two or more enactments can be prosecuted under any of them but not twice for the same offence.

Order dated 22.10.2024 of the High Court of Karnataka (Kalaburagi Bench) in Criminal Petition No.200662 of 2024 of G.V.Prasad and anoher  Vs. The State and another