Section 104 in Bombay Industrial Relations Act, 1946
104. Penalty for instigating etc. illegal strikes [lock-outs, closures and stoppages]. - Any person who instigates or incites others to take part in, or otherwise acts in furtherance of a lock-out [or a closure], for which an employer is punishable under section 102 or a strike [or a stoppage] for which any employee is punishable under section 103, shall, on conviction, be punishable with imprisonment of either description for a term which may extend to three months, or with fine or with both:
Provided that no person shall be punished under this section where the Court trying the offence is of opinion that in the circumstances of the case a reasonable doubt existed at the time of the commission of the offence about the legality of the [strike, lock-out, closure or stoppage], as the case may be.Explanation I - For the purposes of this section, a person who contributes, collects or solicits funds for the purposes of any such [strike, lock-out, closure or stoppage] shall be deemed to act in furtherance thereof.Explanation II - A person shall be deemed to have committed an offence under this section if before an illegal [strike, lock-out, closure or stoppage] has commenced, he has instigated or incited others to take part in, or otherwise acted in furtherance of such [strike, lock-out, closure or stoppage].
