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Occupational Safety, Health and Working Conditions Code, 2020 · Chapter XIV: Miscellaneous

Section 118: Onus of proving limits of what is practicable, etc

In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or all practicable measures were taken to satisfy the duty or requirement.

Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 14 October 2026. 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.

Supreme Court judgments citing the section 118

No Supreme Court judgment in our database cites this section yet.