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Section 87: General penalty for offences

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIII: Offences and Penalties
Competent Labour Forum
Act No. 35 of 2020
Section 86 All 104 Sections of Industrial Relations Code, 2020 Section 88

Legal Commentary & Landmark Judgments: Section 87

Section 87 of the Industrial Relations Code, 2020 imposes a mandatory statutory bar on the judicial cognizance of offences under the Code, providing that no court shall take cognizance of any offence punishable under the Code except on a complaint made by or under the authority of the appropriate Government or an authorized officer, restricting trial jurisdiction to Metropolitan or First-Class Judicial Magistrates.

  • Statutory Bar on Direct Private Complaints: No court shall take cognizance of any offence punishable under this Code save on a complaint made by or under the authority of the appropriate Government or an officer authorized in this behalf, preventing individual workers, rival unions, or disgruntled entities from launching vexatious private criminal prosecutions.
  • Jurisdictional Forum: Metropolitan or JMFC Court: No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under the Code, establishing a competent judicial forum for trial.
  • Mandatory Application of Mind in Sanction: The statutory sanction or authorization for filing a complaint must demonstrate active, independent application of mind by the competent authority to primary inspection reports, contemporary attendance records, and violation matrices; mechanical issuance of sanction invalidates the prosecution at inception.
Key Landmark Precedents:
  • State of Bihar v. Deokaran Nenshi (1972) 2 SCC 890: The Supreme Court held that statutory sanction or authorization for prosecution under labor and mining laws is a condition precedent to cognizance; an unauthorized complaint renders all subsequent criminal proceedings void ab initio.
  • Ballabhdas Agarwala v. J.C. Chakravarty AIR 1960 SC 576: Emphasized that where an economic or labor statute mandates that a complaint must be filed by a designated authority, an individual workman or private association has no locus standi to institute private criminal proceedings directly.
  • Mansukhlal Vithaldas Chauhan v. State of Gujarat (1997) 7 SCC 622: The Supreme Court established that the grant of sanction for prosecution is a quasi-judicial act requiring objective consideration of material facts; absence of independent application of mind vitiates the sanction and invalidates the complaint.
Courtroom Practice & Strategic Litigation Guidance:

In defending against criminal proceedings initiated under the Code, examine the complaint at the threshold for proof of valid statutory authorization under Section 87. If the complaint is filed directly by a union or individual workman without a gazetted authorization from the Labour Department, file a quashing petition under Section 482 CrPC / Section 528 BNSS 2023 for total lack of jurisdiction. If authorized by an officer, subpoena the sanction file to verify genuine application of mind.

Section 86 All 104 Sections of Industrial Relations Code, 2020 Section 88