STATE OF GUJARAT Vs. V L VAKHARIA

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of the respondent who was prosecuted under Section 92 of the Factories Act, 1948, for contravention of Rule 72 of the Bombay Factories Rules, 1950. This rule reads as under:-

(2.) Section 106 of the Factories Act provides that no Court shall take cognisance of any offence punishable under the Act unless complaint thereof is made within three months of the date on which the alleged commission of the offence came to the knowledge of an Inspector. We have, therefore, to see on what date or dates the alleged offence was committed and the alleged commission of the offence came to the knowledge of the Inspector.

(3.) The expression "commission of the of-fence" may refer to positive acts as well as omissions. An offence may be committed by the commission of a positive act or by the omission to do an act. In the case of certain acts, the commission pf the act would be complete as soon as the act is committed and the offence would be repeated only if the act is repeatad. But there may be some positive acts, which by their definition imply the continuous commission of the act. For instance, the offence of kidnapping is defined as taking or enticing a minor out of the keeping of the lawful guardian of the minor etc. The taking out of the lawful guardianship is an act which continues after the act is once commenced and which continues until it is terminated by another positive act. In a sense there is nothing like a completion of the act unless the minor is restored to the lawful guardian. Such a positive act does not terminate unless the person commits anothei positive act of restoring the minor to the lawful guardian. But omission to do a positive continuous act may be made criminal. Here again the omission once begun does not terminate until a positive act is done. For instance, if the omission to provide food is an offence, that omission continues unless and until food is provided. But the omission to do a single positive act which is not continuous may not be a continuing offence.