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Section 85: Penalty for causing death or serious bodily injury

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
Section 84 All 143 Sections of OSH Code, 2020 Section 86

Legal Commentary & Landmark Judgments: Section 85

Section 85 of the Code enacts severe criminal penalties for contraventions causing death or serious bodily injury, imposing mandatory imprisonment of up to two years or substantial fines up to five lakh rupees, or both, with a statutory mandate directing fine proceeds to the victim.

  • Aggravated Penal Sanctions for Workplace Fatalities: Punishes any safety contravention resulting in a worker's death with imprisonment extending to two years, or with fine extending to five lakh rupees, or both.
  • Substantial Penalties for Serious Bodily Injury: Imposes fines ranging from two to four lakh rupees where contravention results in serious bodily injury, permanent disability, or loss of limbs.
  • Direct Victim Compensation Mandate: Explicitly directs the criminal court to disburse at least fifty percent of the fine recovered from the convicted occupier or employer directly to the deceased worker's family or the injured victim.
Key Landmark Precedents:
  • M.C. Mehta v. Union of India (1987) 1 SCC 395: Supreme Court held that enterprises responsible for industrial casualties must compensate victims unconditionally under the absolute liability doctrine, in addition to facing criminal sanctions.
  • Consumer Education & Research Centre v. Union of India (1995) 3 SCC 42: Affirmed that judicial sentencing in fatal industrial cases must reflect constitutional deterrence and ensure immediate substantial financial restitution to victims.
  • State of Gujarat v. Jayantilal Amratlal AIR 1965 SC 1477: Affirmed that occupier responsibility for fatal machinery accidents cannot be shifted onto subordinate maintenance crew.
Courtroom Practice & Strategic Litigation Guidance:

In industrial fatality trials, defense counsel must immediately demonstrate that the plant strictly complied with all machine guarding and interlock standards, and that management immediately disbursed voluntary ex-gratia relief to mitigate sentencing.

Section 84 All 143 Sections of OSH Code, 2020 Section 86