AIR 1962 MADHYA PRADESH 311 ::(1962) 2 LabLJ 256 ::(1962 - 63) 23 FJR 162 ::1962 JabLJ 789 ::1962 MPLJ 723 ::ILR (1963) MP 518

Madhya Pradesh High Court

Hon'ble Judge(s): T. P. Naik, C. B. Kekre , JJ

(A) Factories Act (63 of 1948) , S.33, S.92, S.106— Fermenting vats - Omission to securely fence them - It is a continuing offence. Cr. Revn. No.274 of 1958, D/-23-8-1959 (M.P.), Overruled. Section 33 of the Factories Act, 1948, provides that the fermenting vats of the distillery shall be securely fenced. If they are not so fenced, there is a contravention of the provisions of a section under the Act; and section 92 of the Act says that such contravention shall be punishable as an offence. The omission to securely fence the fermentation vats is a continuing offence, i.e., it is an offence de die in diem so that every day's non-compliance with the provisions of Sec.33 constituted a new offence and consequently so long as a complaint is filed within three months of the day when the offence is alleged to have been committed or to have come to the knowledge of the inspector, it is within time. (B) Criminal Trial - Offence - Continuing offence - "Continuing", meaning of - S.23, Limitation Act - Applicability - its principle applies to offence. The conception underlying the word 'continuing' is the same whether it is considered in relation to breaches of contracts or wrongs independent of contracts, or offences -the conception being that so far as b....