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Factories Act, 1948

94. Enhanced penalty after previous conviction

113 [(1)] If any person who has been convicted of any offence punishable under section 92 is again guilty of an offence involving a contravention of the same provision, he shall be punishable on a subsequent conviction with imprisonment for a term which may extend to 114[three years] or with fine 5[which shall not be less than 115[ten thousand rupees] but which may extend to 116[two lakh rupees] or with both:

117 [PROVIDED that the court may, for any adequate and special reasons to be mentioned in the judgment, impose a fine of less than 118[ten thousand rupees]:

PROVIDED FURTHER that where contravention of any of the provisions of Chapter IV or any rule made thereunder or under section 87 has resulted in an accident causing death or serious bodily injury, the fine shall not be less than 119[thirty-five thousand rupees] in the case of an accident causing death and 120[ten thousand rupees] in the case of an accident causing serious bodily injury].

7 [(2) For the purposes of sub-section (1), no cognizance shall be taken of any conviction made more than two years before the commission of the offence for which the person is subsequently being convicted.]

Factories Act, 1948 Back

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