Section 92: Cognizance of 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 92

Section 92 of the Code regulates the cognizance of offenses, providing that no court shall take cognizance of any offense under this Code except upon a complaint in writing made by an Inspector-cum-Facilitator or an authorized officer.

  • Statutory Bar on Private Complaints: Precludes private criminal complaints or police FIRs for general regulatory offenses, vesting prosecution discretion exclusively in the Inspector-cum-Facilitator.
  • Mandatory Written Complaint Architecture: Requires a formal, reasoned written complaint detailing the statutory violation, inspection reports, show-cause notices, and employer replies.
  • Competent Judicial Forum Threshold: Establishes that no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offense under this Code.
Key Landmark Precedents:
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Supreme Court held that statutory restrictions on cognizance are jurisdictional bars designed to prevent frivolous prosecutions and ensure expert regulatory appraisal.
  • J.K. Industries Ltd. v. Chief Inspector of Factories (1996) 6 SCC 665: Affirmed that prosecutions must strictly adhere to the statutory cognizance provisions of labor enactments.
  • Chintaman Rao v. State of M.P. AIR 1958 SC 388: Supreme Court invalidated criminal proceedings where the statutory complaint was filed by an unauthorized person lacking valid delegation.
Courtroom Practice & Strategic Litigation Guidance:

In defending management against prosecution, scrutinize the inspector's authorization credentials and written complaint. If the complaint was filed by an unauthorized officer or without prior written sanction, file a Section 482 CrPC / Section 528 BNSS quashing petition.