Sections 52 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 52 says who can start a prosecution under the Code and which court can try it. Section 53 adds a second route: for certain fine-only offences, an officer of the appropriate Government can hold an enquiry and impose the penalty himself. Employers facing either route can speak to a legal dispute resolution adviser early, as the route decides the forum.
A court takes cognizance of an offence under the Code only on a complaint by or under the authority of the appropriate Government or an authorised officer, by an employee, by a registered Trade Union or by an Inspector-cum-Facilitator (s.52(1)). Offences are tried by a Metropolitan Magistrate or Judicial Magistrate of the first class at the lowest (s.52(2)). Separately, an officer not below the rank of Under Secretary (or equivalent) may be appointed to hold an enquiry and impose penalty for the offences covered by s.54(1)(a), s.54(1)(c), s.54(2) and s.56(7) (s.53).
Section 52(1): who can complain
"No court shall take cognizance of any offence punishable under this Code, save on a complaint made by or under the authority of" one of these:
| Complainant | Notes |
|---|---|
| The appropriate Government | Or an officer authorised in this behalf |
| An employee | The affected employee |
| A registered Trade Union | Registered under the Trade Unions Act, 1926 (the text's citation) |
| An Inspector-cum-Facilitator | Appointed under section 51 |
The practical meaning: a prosecution cannot begin on a police report or on a private person's complaint who falls outside this list. The text does not require a complaint to the employer first, but section 54(3) requires a written direction and time to comply before prosecution for some offences. See section 54.
Section 52(2): the trying court
"Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try the offences under this Code." From 1 July 2024 the 1973 Code was replaced by the Bharatiya Nagarik Suraksha Sanhita (BNSS); the Code's reference is quoted as written.
Section 53(1): the officer who can impose penalty
"Notwithstanding anything contained in section 52", for the purpose of imposing penalty under:
- clauses (a) and (c) of sub-section (1) of section 54 (paying less than due; contravening any other provision, rule or order);
- sub-section (2) of section 54 (non-maintenance or improper maintenance of records); and
- sub-section (7) of section 56 (failure to comply with a composition order),
the appropriate Government "may appoint any officer not below the rank of Under Secretary to the Government of India or an officer of equivalent rank in the State Government" for holding an enquiry, in such manner as may be prescribed by the Central Government.
Look at what is left out. Clauses (b) and (d) of s.54(1), the repeat offences carrying imprisonment, are not in the list. Those offences can go only to a court under section 52. The first-offence fines in clauses (a) and (c) and the record offence in s.54(2) are the ones the officer can deal with.
The text does not say whether an offence can be taken to both an officer and a court at once. "Notwithstanding anything contained in section 52" gives the officer a route that is not subject to the complaint-and-court rule. Where the officer has imposed a penalty, a further prosecution for the same offence raises a question the Code does not answer; take advice before assuming either route is closed.
Section 53(2): powers during the enquiry
While holding the enquiry, the officer has power:
- to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or produce any document that, in the officer's opinion, may be useful or relevant to the subject matter of the enquiry; and
- if satisfied after enquiry that the person has committed an offence under the provisions in sub-section (1), to impose such penalty as he thinks fit in accordance with such provisions.
The penalty must therefore stay within the limits of the provision under which it is imposed (for example, up to Rs 50,000 under s.54(1)(a)). The officer has no power here to imprison.
Hypothetical example. An establishment pays 12 workers less than the amount due for one month. An Inspector-cum-Facilitator files a complaint before the officer appointed under s.53(1). After summoning the employer and the payroll records, the officer is satisfied that the offence in s.54(1)(a) is made out and imposes a fine within the Rs 50,000 ceiling, in addition to the workers' dues being pursued separately through section 45. The facts are invented.
What the Central Rules add
The Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026) apply only where the Central Government is the appropriate Government. Where the State Government is the appropriate Government, the State's own wage rules apply.
Rule 53 sets the manner of holding the enquiry:
- A complaint is filed before the officer by an officer authorised by the Central Government, an aggrieved employee, a registered trade union (the rule names registration under the Industrial Relations Code, 2020) or an Inspector-cum-Facilitator. If, on the complainant's evidence, the officer thinks an offence has been committed, the officer issues summons to the offender at the address in the complaint.
- If the offender appears, the officer explains the offence; if the offender pleads guilty, the officer imposes penalty in accordance with the Code; if not, the officer takes the complainant's witnesses' evidence on oath with cross-examination.
- The officer records statements in writing and takes documents on record.
- After the complainant's evidence, the accused gets an opportunity of defence, with cross-examination by the complainant.
- After hearing and considering oral and documentary evidence, the officer decides the complaint under the Code.
Note a difference of wording: s.52(1) refers to a Trade Union registered under the Trade Unions Act, 1926, whereas rule 53(1) refers to registration under the Industrial Relations Code, 2020. The rule text is what it is; flagged for awareness. See rule 53. The Rules read do not say what appeal lies against a penalty imposed by the officer; the appeal in section 49 is against an order under section 45(2), so check the position before relying on it.
Need help with an offence notice or enquiry?
Whether you have received a summons from an enquiry officer or a notice of a complaint before a Magistrate, the first reply matters. Our legal dispute resolution team can examine the complaint, advise on composition and represent you at the hearing.
Key takeaways
- Cognizance is only on a complaint by the appropriate Government or authorised officer, an employee, a registered Trade Union or an Inspector-cum-Facilitator.
- Trial is by a Metropolitan Magistrate or Judicial Magistrate of the first class at the least.
- An Under Secretary-level officer may impose penalty for s.54(1)(a), s.54(1)(c), s.54(2) and s.56(7) after an enquiry; repeat offences in s.54(1)(b) and (d) are not in that list.
- Central Rule 53 prescribes summons, plea, evidence on oath, defence and decision.
Read next
- Section 54: penalties for offences
- Section 56: composition of offences
- Rule 53: manner of holding enquiry
- Penalties under the Payment of Wages Act
Disclaimer: Based on the Code on Wages, 2019 (as enacted) and, where noted, the Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026), as on 1 October 2026. The Code is in force from 21 November 2025; State Governments make their own rules for establishments where the State is the appropriate Government, and wage rates are notified separately. Verify the current position before acting.