Factories Not Liable In Accidents When Safety Gear Provided Jharkhand HC

Factories Not Liable In Accidents When Safety Gear Provided: Jharkhand HC

In a significant ruling, the High Court of Jharkhand has held that occupiers and managers of factories cannot be prosecuted under the Factories Act if a worker meets with an accident despite being provided with adequate safety equipment.

The order underscores that workers also have a duty to ensure their safety by properly utilising equipment made available by the management. Factories cannot be prosecuted for every workplace accident if they have complied with safety norms.

The judgment came in the case of Deepak Dokania v. The State of Jharkhand (2024 LLR 163), where the petitioner, a director of a private company, challenged criminal proceedings initiated against him relating to a workplace accident.

On September 23, 2023, a worker sustained injuries while changing a damaged sheet on the factory's roof. Though safety belts and helmets were provided, the worker had an accident. Based on a complaint, the court took cognizance against the occupier and manager under Section 92 of the Factories Act, 1948.

Allowing the petition, a single judge bench of Justice Sanjay Kumar Dwivedi observed that Sections 97 and 111 of the Act, which deal with offences by workers, were ignored. These provisions obligate workers to use safety appliances provided and not endanger themselves or others through willful acts or negligence.

The court noted that if the interpretation adopted by the magistrate court were accepted, it would render Sections 97 and 111 redundant, which goes against established principles of statutory interpretation.

While mens rea (criminal intent) is not required for prosecuting Factories Act violations, the court found no material suggesting the occupier or manager were responsible for the accident when safety gear was provided.

With this authoritative pronouncement, the criminal proceedings against the petitioner were quashed by the High Court.