Section 110: Limitation of prosecution and cognizance of offences
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 110 — Governs limitation of prosecution and cognizance of offences and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with…
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) Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with relevant provisions of this Act within a period of thirty days from the date of notice giving opportunity, and, if the employer complies with such provisions within such period, then, no such…
- Provided that no such opportunity shall be accorded to an employer in case of an accident and if the violation of the same nature of the provisions under this Code is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with provisions of sub-section (2).
- (2) No court shall take cognizance of any offence punishable under this Code, unless a complaint in respect thereof is made within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector-cum-Facilitator and a complaint is filed in that regard by him.
- (3) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class shall try any offence punishable under this Code.
- Explanation.—For the purposes of this section,— (a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues;
Provisos, explanations & qualifications
- Provided that no such opportunity shall be accorded to an employer in case of an accident and if the violation of the same nature of the provisions under this Code is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with provisions of…
- Explanation.—For the purposes of this section,— (a) in the case of a continuing offence, the period of limitation shall be computed with reference to every point of time during which the offence continues; (b) where for the performance of any act, time is granted or extended on an application made by the employer of an establishment, the period of…
Thresholds and timelines in the text
- Limitation of prosecution and cognizance of offences.—(1) Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with relevant provisions of this Act within a period of thirty days from the date of…
- Provided that no such opportunity shall be accorded to an employer in case of an accident and if the violation of the same nature of the provisions under this Code is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with provisions of…
- (2) No court shall take cognizance of any offence punishable under this Code, unless a complaint in respect thereof is made within six months of the date on which the alleged commission of the offence came to the knowledge of the Inspector-cum-Facilitator and a complaint is filed in that regard by him.
Actors expressly appearing in the text
Employer, Inspector-cum-Facilitator
Full statutory text — Section 110
110. Limitation of prosecution and cognizance of offences.—(1) Notwithstanding anything
contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against
an employer for any offence under this Chapter, give an opportunity to comply with relevant provisions
of this Act within a period of thirty days from the date of notice giving opportunity, and, if the employer
complies with such provisions within such period, then, no such proceeding shall be initiated against such
employer:
Provided that no such opportunity shall be accorded to an employer in case of an accident and if the
violation of the same nature of the provisions under this Code is repeated within a period of three years
from the date on which such first violation was committed and in such case the prosecution shall be
initiated in accordance with provisions of sub-section (2).
(2) No court shall take cognizance of any offence punishable under this Code, unless a complaint in
respect thereof is made within six months of the date on which the alleged commission of the offence
came to the knowledge of the Inspector-cum-Facilitator and a complaint is filed in that regard by him.
(3) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class
shall try any offence punishable under this Code.
Explanation.—For the purposes of this section,—
(a) in the case of a continuing offence, the period of limitation shall be computed with reference to
every point of time during which the offence continues;
(b) where for the performance of any act, time is granted or extended on an application made by the
employer of an establishment, the period of limitation shall be computed from the date on which the
time so granted or extended expired.How to apply this provision
- Primary statutory test — (1) Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with relevant provisions of this Act within a period of thirty days from the date of notice giving opportunity, and, if the employer complies with such provisions within such period, then, no such…
- Additional operative limb — Provided that no such opportunity shall be accorded to an employer in case of an accident and if the violation of the same nature of the provisions under this Code is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with provisions of sub-section (2).
- Qualification / exception to test — Provided that no such opportunity shall be accorded to an employer in case of an accident and if the violation of the same nature of the provisions under this Code is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with provisions of…
- Numerical or timing control — Limitation of prosecution and cognizance of offences.—(1) Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with relevant provisions of this Act within a period of thirty days from the date of…
- 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.
- Evidence file — retain facts and records proving the role/status of: Employer, Inspector-cum-Facilitator.
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
When an event triggers limitation of prosecution and cognizance of offences, record the trigger date, competent authority, prescribed rule/form, filing or decision step, service/acknowledgement and final outcome. A statutory point to test is: “Limitation of prosecution and cognizance of offences.—(1) Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with releva” 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 110
What does Section 110 of the OSHWC Code cover?
Section 110 — Governs limitation of prosecution and cognizance of offences and the rights, duties, powers or procedure expressly stated in this section. Key operative text: (1) Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with…
What is the main legal requirement or power in Section 110?
The first operative clause identified from the official text is: “(1) Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with relevant provisions of this Act within a period of thirty days from the date of notice giving opportunity, and, if the employer complies with such provisions within such period, then, no such…” Read it with the remaining subsections and any proviso below.
Does Section 110 contain a proviso or explanation?
Yes. A qualification extracted from the official text is: “Provided that no such opportunity shall be accorded to an employer in case of an accident and if the violation of the same nature of the provisions under this Code is repeated within a period of three years from the date on which such first violation was committed and in such case the prosecution shall be initiated in accordance with provisions of…”
What time limit, percentage or amount appears in Section 110?
The provision contains this numerical/time expression: “Limitation of prosecution and cognizance of offences.—(1) Notwithstanding anything contained in this Chapter, the Inspector-cum-Facilitator shall, not initiate prosecution proceeding against an employer for any offence under this Chapter, give an opportunity to comply with relevant provisions of this Act within a period of thirty days from the date of…” Apply it only in the clause and context in which it appears.
Which 2026 Central Rules are linked to Section 110?
The current concordance maps Section 110 to Central Rule(s) 177, 178, 179, 180, 181, 182.
Is Section 110 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.