Case Title: Dhanpreet Singh And Anr v. State Of Punjab
The Punjab and Haryana High Court in a significant judgement, observed that provisions of the Factories Act, 1948 are not in substitution but are supplemental to any other Act; and thus, they do not override the provisions of the Indian Penal Code.
The Hon’ble Bench observed that perusal of the statement of objects and reasons of the Factories Act shows that the provisions are concerned with the working conditions and protection of the workers but the said Act does not prohibit the operation of any other statute.
The Court also referred to Section 26 of the General Clauses Act which deals with a situation when an offence is punishable in two or more enactments. It states:-
"26. Provision as to offences punishable under two or more enactments- Where an act or omission constitutes an offence under two or more enactments, then the offender shall be liable to be prosecuted and punished under either or any of those enactments but shall not be liable to be punished twice for the same offence."
Further, the Supreme Court has also observed in the matter of The State of Maharashtra & Anr V. Sayyed Hassan Sayyad Subhan & Ors that:
“There is no bar to a trial or conviction of an offender under two different enactments, but the bar is only to the punishment of the offender twice for the offence. Where an act or an omission constitutes an offence under two enactments, the offender may be prosecuted and punished under either or both enactments but shall not be liable to be punished twice for the same offence.”
It has time and again been held by the Hon’ble Courts that the prosecution under two different Acts is permissible if the ingredients of the provisions are satisfied on the same facts.
Therefore, in light of these judgments and Section 26 of the General Clauses Act, the Court observed that the prosecution of the petitioners for offences punishable under the Indian Penal Code cannot be held bad and liable to be set aside merely because such an offence is also punishable under the Factories Act, 1948.