Factories Act, 1948 · Chapter X: Penalties and Procedure
Section 94: Enhanced penalty after previous conviction
The Factories Act, 1948 was repealed and replaced by the Occupational Safety, Health and Working Conditions Code, 2020 from 21 November 2025. It still applies to matters and proceedings from before that date, as the repealing law provides.
[(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 or the offence for which the person is subsequently being convicted.]
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.