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CHAPTER V. 
not infrequently the fine is smaller than the profit made by the offender 
out of the offence. On occasion Governments have drawn the attention 
of magistrates to the importance of adequate fines, and one High Court 
issued a circular on the question. We consider that more use should be 
made of the power of appeal to the High Court against inadequate sen- 
tences. One or two striking cases should be brought before the supreme 
court of a province, whose action would probably serve as a useful guide 
to subordinate courts. In Bengal, where there is good ground for 
complaint on the score of inadequate fines, the Government, although 
joining in the complaint, seems to have made little or no use of the 
possibilities of appeal. In every district, all factory cases should go 
before experienced magistrates and, where possible, the same magistrate, 
In the larger centres, it shonld be possible always to appoint a magistrate 
with some previous experience of the subject. 
Defects in the Law. 
At the same time defects in the law are partly responsible for 
the present deficiencies. Unlike the British law, the Indian Act contains 
no special provisions relating to second offences. Tt seems, indeed, doubt- 
ful if evidence of previous convictions can be led. and the absurdly inade- 
quate punishment meted out to hardened offenders is probably due in 
some cases to the fact that the magistrate was not in possession of the 
offender’s record in respect of the Act. We consider that the law should 
be amended in two directions. In the first place, it should be possible to 
adduce evidence of any previous convictions of the accused under the Act 
after conviction and before sentence, as such convictions are in most 
cases very relevant in determining the appropriate sentence. In the 
second place, the Act should provide that, where a second offence is proved 
against the same accused within a period of two years from the last 
conviction for an offence in the same category, the fine should not be less 
than one-fifth of the maximum penalty possible, and for a third or subse- 
quent offence, not less than one half. In order to meet the possibility that 
extreme hardship might result from such a provision in an exceptional case, 
it might be provided that the magistrate may, for reasons to be recorded 
in writing, reduce the fine below these limits in exceptional cirenmstances, 
Conduct of Prosecutions. 
At present the position of the factory inspector in prosecutions 
seems to be open to doubt. He is ordinarily the complainant and he is 
generally the principal witness. Some courts allow him to act, formally 
or otherwise, as prosecutor and to examine other witnesses ; others regard 
this as not in accordance with the law. In important cases counsel can be 
and are engaged by Government, and this practice is to be encouraged ; but 
in smaller cases, when the Inspector is not allowed to conduct the pro- 
secution, there is either no prosecutor, or the prosecuting inspector may be 
employed. The latteris a police officer, and the majority of officers of this 
class have no experience of factory cases. Chief Inspectors in all 
cases and other factory inspectors, when authorised by the lccal 
Government, should be competent to act as prosecutors. and we 
recommend that this be laid down in the relevant Act.