Section 118: Onus of proving limits of what is practicable, etc.
Reviewed by Finin2min Editorial Desk · Last reviewed 30 August 2026
Section 118 — Governs onus of proving limits of what is practicable, etc. and the rights, duties, powers or procedure expressly stated in this section. Key operative text: In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall…
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
- In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or all practicable measures were taken to satisfy the…
Provisos, explanations & qualifications
- No proviso/explanation was separately extracted from this section text.
Thresholds and timelines in the text
- No explicit day/month/year/hour/percentage/rupee expression was detected in this section text.
Actors expressly appearing in the text
No standard actor label extracted; identify the legal subject from the full text.
Full statutory text — Section 118
118. Onus of proving limits of what is practicable, etc.—In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or all practicable measures were taken to satisfy the duty or requirement.
How to apply this provision
- Primary statutory test — In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or all practicable measures were taken to satisfy the…
Rules, forms and cross-references
Direct 2026 Central Rule mapping
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 onus of proving limits of what is practicable, etc., 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: “In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comp”
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 118
What does Section 118 of the OSHWC Code cover?
Section 118 — Governs onus of proving limits of what is practicable, etc. and the rights, duties, powers or procedure expressly stated in this section. Key operative text: In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall…
What is the main legal requirement or power in Section 118?
The first operative clause identified from the official text is: “In any proceeding for an offence for the contravention of any provision of this Code or regulations or bye-laws or rules made there under consisting of a failure to comply with a duty or requirement to do something, it shall be for the person who is alleged to have failed to comply with such duty or requirement, to prove that it was not reasonably practicable or all practicable measures were taken to satisfy the…” Read it with the remaining subsections and any proviso below.
Does Section 118 contain a proviso or explanation?
No standalone proviso or explanation was extracted from this section text. Check the full text below for clause-level qualifications.
What time limit, percentage or amount appears in Section 118?
No explicit day/month/year/hour/percentage/rupee expression was detected in the official section text.
Which 2026 Central Rules are linked to Section 118?
No direct Central Rule is recorded in the current concordance. That does not exclude a relevant scheme, notification, State rule or enabling provision.
Is Section 118 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.