Section 103: Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 103 — Governs punishment for contravention of provisions of duties relating to safety provisions resulting in an accident and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has resulted in an accident or dangerous…
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Provision / India Code ↗ · Official Act PDF ↗ · 2026 Central Rules ↗
Finin2min analysis — what the section actually does
Operative clauses
- (1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing— (a) death, he shall be punishable with imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with both;…
- Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death.
- (2) Where a person having been convicted under sub-section (1) is again convicted there under, shall be punishable with double the punishment provided under that sub-section for first conviction.
Provisos, explanations & qualifications
- Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death.
Thresholds and timelines in the text
- Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident.—(1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing—…
- Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death.
Actors expressly appearing in the text
No standard actor label extracted; identify the legal subject from the full text.
Full statutory text — Section 103
103. Punishment for contravention of provisions of duties relating to safety provisions resulting
in an accident.—(1) If a person fails to comply with or contravenes any duties under this Code or the
regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has
resulted in an accident or dangerous occurrences causing—
(a) death, he shall be punishable with imprisonment for a term which may extend to two years, or
with a fine which shall not be less than five lakh rupees, or with both; or
(b) serious bodily injury to any person within the establishment, he shall be punishable with
imprisonment for a term which may extend to one year, or with a fine which shall not be less than two
lakh rupees but not exceeding four lakh rupees, or with both:
Provided that while imposing the fine under this section, the court may direct that a portion of the fine,
which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the
legal heirs of the victim, in the case of his death.
(2) Where a person having been convicted under sub-section (1) is again convicted there under, shall
be punishable with double the punishment provided under that sub-section for first conviction.How to apply this provision
- Primary statutory test — (1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing— (a) death, he shall be punishable with imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with both;…
- Additional operative limb — Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death.
- Qualification / exception to test — Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death.
- Numerical or timing control — Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident.—(1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing—…
- Central Rule mapping — 177, 178, 179, 180, 181, 182. Read the mapped provision together with this text rather than treating the concordance as a substitute for it.
Rules, forms and cross-references
Forms mapped
No prescribed form is directly mapped in the current concordance.
Other sections cited in this text
Related Labour Hub resources
A direct concordance is not exhaustive. Central/State jurisdiction, schemes, authority appointments, saved instruments and later notifications may change the practical route without changing the section wording.
Worked example
For an establishment affected by punishment for contravention of provisions of duties relating to safety provisions resulting in an accident, the compliance owner should identify the applicable sector and authority, document the prescribed control/notice/record and retain inspection or training evidence. A text point to test is: “Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident.—(1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made there under and such non-compliance or co” Also test the express qualification/proviso before concluding the result. Read the mapped Central Rule(s) 177, 178, 179, 180, 181, 182.
Illustration only; it is not statutory text or a substitute for applying the actual facts, jurisdiction, current rule/scheme and official instrument.
Q&A — Section 103
What does Section 103 of the OSHWC Code cover?
Section 103 — Governs punishment for contravention of provisions of duties relating to safety provisions resulting in an accident and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has resulted in an accident or dangerous…
What is the main legal requirement or power in Section 103?
The first operative clause identified from the official text is: “(1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing— (a) death, he shall be punishable with imprisonment for a term which may extend to two years, or with a fine which shall not be less than five lakh rupees, or with both;…” Read it with the remaining subsections and any proviso below.
Does Section 103 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Provided that while imposing the fine under this section, the court may direct that a portion of the fine, which shall not be less than fifty per cent. thereof, shall be given as compensation to the victim or to the legal heirs of the victim, in the case of his death.”
What time limit, percentage or amount appears in Section 103?
The provision contains this numerical/time expression: “Punishment for contravention of provisions of duties relating to safety provisions resulting in an accident.—(1) If a person fails to comply with or contravenes any duties under this Code or the regulations, rules, bye-laws or orders made there under and such non-compliance or contravention has resulted in an accident or dangerous occurrences causing—…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 103?
The current concordance maps Section 103 to Central Rule(s) 177, 178, 179, 180, 181, 182.
Is Section 103 currently operative?
All provisions were brought into force from 21 November 2025 under S.O. 5321(E), subject to the Central/State appropriate-Government split and provision-specific appointments/notifications.
Source & verification trail
Act: Occupational Safety, Health and Working Conditions Code, 2020 — official India Code PDF ↗
Central Rules: Occupational Safety, Health and Working Conditions (Central) Rules, 2026 — G.S.R. 345(E), 8 May 2026 ↗
Official library: Ministry of Labour & Employment — Labour Codes ↗
Source check: 20 August 2026. Individual professional interpretation should be re-reviewed when the section, rules, notification, scheme, State overlay or controlling judgment changes.