Section 105 of the Factories Act 1948 - Cognizance of Offences

Section 105 governed the manner in which a court could take cognizance of offences under the Factories Act, 1948. The provision is now principally relevant to historical proceedings and matters preserved by the repeal and savings provisions because the Factories Act, 1948 has been repealed following commencement of the Occupational Safety, Health and Working Conditions Code, 2020.

Current legal status The Occupational Safety, Health and Working Conditions Code, 2020 came into force on 21 November 2025. Section 143 of that Code repealed the Factories Act, 1948, subject to its savings provisions. For the current central law on limitation of prosecution and cognizance of offences, see Section 110 of the OSHWC Code, 2020.

Meaning of cognizance of offences

In this context, "cognizance" refers to the court taking judicial notice of an alleged offence so that criminal proceedings may be dealt with according to law. Section 105 imposed a statutory condition on the initiation of prosecution under the Factories Act, 1948 and also prescribed the minimum level of court competent to try an offence under that Act.

Text and effect of Section 105 of the Factories Act 1948

Section 105(1): No Court shall take cognizance of any offence under this Act except on complaint by, or with the previous sanction in writing of, an Inspector.

Section 105(2): No Court below that of a Presidency Magistrate or of a Magistrate of the first class shall try any offence punishable under this Act.

Section 105(1) - complaint or previous written sanction

The provision restricted cognizance of an offence under the Factories Act. A court could not take cognizance unless the complaint was made by an Inspector or the prosecution had the Inspector's previous sanction in writing. This requirement operated as a statutory gateway for prosecution under the repealed Act.

Section 105(2) - court competent to try the offence

Sub-section (2) prescribed the minimum judicial level for trial. It provided that an offence punishable under the Factories Act could not be tried by a court below the level stated in the provision.

State amendments to Section 105

State	Historical amendment	Source stated in the Act
Maharashtra	In Section 105(1), the words "an Inspector" were substituted by the words "the Chief Inspector".	Maharashtra Act 40 of 2015, Section 8
Rajasthan	Section 105(1) was substituted to provide that no court shall take cognizance except on a complaint by an Inspector with the previous sanction in writing of the State Government.	Rajasthan Act 20 of 2014, Section 4

Current law: Section 110 of the OSHWC Code 2020

Section 110 of the Occupational Safety, Health and Working Conditions Code, 2020 is titled "Limitation of prosecution and cognizance of offences." It materially changes the earlier framework. In general, before prosecution is initiated against an employer for an offence under the relevant chapter, the Inspector-cum-Facilitator must provide an opportunity to comply within 30 days. That opportunity is not available in the case of an accident or where a violation of the same nature is repeated within three years.

The section further provides that a court shall not take cognizance unless the complaint is made within six months from the date on which the alleged offence came to the knowledge of the Inspector-cum-Facilitator and the complaint is filed by that officer. It also provides that no court inferior to a Metropolitan Magistrate or Judicial Magistrate of the First Class shall try an offence punishable under the Code.

Practical reading: For conduct and proceedings governed by the law after commencement of the OSHWC Code, Section 110 should be checked instead of relying on Section 105 of the repealed Factories Act. For older matters, the date of the alleged offence, procedural history, applicable State amendments, and the repeal and savings clause in Section 143 may be important.

Repeal and savings under Section 143

Section 143 of the OSHWC Code repeals the Factories Act, 1948 and other labour enactments. Its savings provisions preserve specified appointments and actions taken under repealed enactments, and the Code also applies the principles of Section 6 of the General Clauses Act, 1897 to the repeal. Accordingly, repeal does not automatically mean that every prior act, liability, proceeding or legal consequence disappears. The applicable savings provisions should be examined in older cases.

Related provisions

For the historical scheme of the Factories Act, Section 105 should be read with Section 106 - Limitation of prosecutions and Section 106A - Jurisdiction of court for proceedings relating to an offence.

This page is a legal information resource. The applicable law may depend on the date of the alleged contravention, the State concerned, saved rules or notifications, and the procedural stage of a particular matter.