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Section 95: Limitation of prosecutions

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 94 All 143 Sections of OSH Code, 2020 Section 96

Legal Commentary & Landmark Judgments: Section 95

Section 95 of the Code establishes a strict period of limitation for prosecutions, providing that no court shall take cognizance of an offense under this Code unless a complaint is filed within six months of the date on which the offense came to the knowledge of the Inspector-cum-Facilitator.

  • Six-Month Statutory Limitation Window: Imposes a strict six-month limitation period running from the date of the Inspector's actual knowledge of the alleged offense, barring belated and stale prosecutions.
  • Extended Limitation for Inquiry Reports: Provides an extended limitation period of one year where the offense is revealed through a formal Court of Inquiry report or official investigation into a fatal accident.
  • Strict Construction of Knowledge Date: Requires the prosecution to establish the exact date of official knowledge through inspection logs or report endorsements, preventing manipulative backdating.
Key Landmark Precedents:
  • State of Rajasthan v. Sanjay Kumar (1998) 5 SCC 82: Supreme Court held that statutory limitation periods in regulatory prosecutions must be strictly calculated from the date of competent official knowledge, barring time-barred complaints.
  • Sarah Mathew v. Institute of Cardio Vascular Diseases (2014) 2 SCC 62: Constitution Bench held that for the purpose of computing limitation under Section 468 CrPC, the relevant date is the date of filing the complaint, not the date of judicial cognizance.
  • State of Bihar v. Kirly Mines AIR 1961 SC 171: Supreme Court emphasized that prompt filing of mining prosecution complaints is essential to ensure contemporaneous judicial appreciation of transient physical evidence.
Courtroom Practice & Strategic Litigation Guidance:

Always audit the prosecution complaint for limitation defects: if more than six months elapsed between the inspector's visit/report and the date of filing in court, file an immediate preliminary objection seeking threshold dismissal under Section 95.

Section 94 All 143 Sections of OSH Code, 2020 Section 96