Section 84: General penalty for offences

The Occupational Safety, Health and Working Conditions Code, 2020 (Act No. 37 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XI: Offences and Penalties
Competent Labour Forum
Act No. 37 of 2020

Legal Commentary & Landmark Judgments: Section 84

Section 84 of the Occupational Safety, Health and Working Conditions Code, 2020 lays down the general penalty for contraventions of the Code or any rules, regulations, or orders made thereunder, where no specific penalty is expressly provided elsewhere in the enactment.

  • Substantial Financial Penalties for General Contraventions: Prescribes a baseline fine of up to two lakh rupees for general statutory non-compliances, replacing the nominal financial fines of legacy labor statutes.
  • Enhanced Penalties for Continuing Contraventions: Provides an additional recurring fine of up to two thousand rupees per day for every day during which the contravention continues after conviction.
  • Strict Liability Standard: Establishes criminal liability for management non-compliance without requiring the prosecution to establish criminal intent (mens rea) regarding regulatory defaults.
Key Landmark Precedents:
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Supreme Court affirmed that regulatory offenses under labor welfare enactments are offenses of strict liability where absence of mens rea is no defense.
  • State of M.P. v. Kedar Narain AIR 1969 MP 110: Held that continuing offenses under factory legislation accrue daily liabilities that cannot be extinguished by one-time nominal fine payments.
  • M.C. Mehta v. State of Tamil Nadu (1996) 6 SCC 756: Supreme Court underscored that statutory penalties must be economically deterrent to prevent corporate management from treating worker safety as a negotiable business expense.
Courtroom Practice & Strategic Litigation Guidance:

Upon receiving an inspection show-cause notice under Section 84, immediately submit a formal rectification compliance report supported by photographic evidence within the statutory response window to pre-empt criminal prosecution filings.