Factories Act, 1948

94. Enhanced penalty after previous conviction

¹¹³ [(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 ¹¹⁴[three years] or with fine ⁵[which shall not be less than ¹¹⁵[ten thousand rupees] but which may extend to ¹¹⁶[two lakh rupees] or with both:

¹¹⁷ [PROVIDED that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than ¹¹⁸[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 ¹¹⁹[thirty-five thousand rupees] in the case of an accident causing death and ¹²⁰[ten thousand rupees] in the case of an accident causing serious bodily injury].

⁷ [(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.]

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