Code: Section 342 BNSS
342. (1)
In this section, the term “corporation” refers to:
- A company or body corporate incorporated under law.
- A society registered under the Societies Registration Act, 1860.
(2) Representation in Criminal Proceedings:
- If a corporation is an accused in an inquiry or trial, it may appoint a representative to appear in court.
- This appointment does not require a corporate seal.
(3) Role of the Representative in Court:
- Any legal requirement to be fulfilled in the presence of the accused shall be fulfilled in the presence of the representative.
- Any requirement for the accused to be examined shall apply to the representative instead.
(4) Absence of a Representative:
- If the corporation fails to appoint a representative, the above provisions do not apply.
(5) Evidence of Appointment:
- A written statement signed by the Managing Director or an authorized person shall serve as prima facie proof of the appointment of a representative, unless proven otherwise.
(6) Disputes Regarding Representation:
- If a question arises about whether a person is validly representing the corporation, the Court shall decide on the matter.
Purpose and Importance of Section 342 BNSS
This section enables corporations to participate in criminal proceedings by appointing representatives instead of appearing physically. The provision is essential because:
- Legal entities cannot be physically present in court.
- It ensures due process without disrupting business operations.
- It clarifies the legal standing of corporate representatives.
Key Provisions and Legal Interpretations
1. Who Can Appoint a Representative?
- A corporation can appoint any person as its representative.
- The Managing Director or any authorized person can issue a statement certifying the appointment.
- The appointment need not bear the corporate seal.
2. Role and Powers of the Representative
- The representative acts as the accused for procedural purposes.
- They can:
- Appear in court on behalf of the corporation.
- Listen to charges and evidence presented.
- Undergo examination as if they were the accused.
3. Legal Presumption of Appointment
- A written statement confirming the appointment creates a legal presumption that the representative is validly appointed.
- However, this can be challenged with contrary evidence.
4. Absence of a Representative
- If no representative appears, the court may proceed without fulfilling formal requirements meant for individual accused persons.
5. Court’s Power to Decide Representation Disputes
- If there is a dispute regarding whether a person is a valid representative, the court has the authority to determine the issue.
Illustrations & Case Examples
Example 1: Corporation Facing Criminal Charges
- A private company is charged with environmental violations.
- The company appoints its legal officer as its representative.
- The court recognizes the representative’s presence as fulfilling the corporation’s obligation to appear.
Example 2: Dispute Over Corporate Representation
- A financial firm is accused of fraud.
- Two individuals claim to represent the firm.
- The court examines official appointment documents and determines the legitimate representative.
Example 3: Corporation Fails to Appoint a Representative
- A corporation does not send any representative to court.
- The court proceeds with the trial, stating that the absence of representation does not delay proceedings.
Common Questions on Section 342 BNSS
1. Can a corporation refuse to appoint a representative?
Yes, but the court may proceed with the case without fulfilling formal requirements meant for individual accused persons.
2. Who can be appointed as a representative?
Any person authorized by the corporation’s Managing Director or authorized officer.
3. Is the representative personally liable for the offence?
No. The corporation remains the accused. The representative only acts on its behalf.
4. What if two people claim to be the corporation’s representative?
The court will determine who the valid representative is based on official documents.
5. Can a corporation change its representative during trial?
Yes, but it must inform the court and submit a new written statement from the Managing Director.
Conclusion
Section 342 BNSS allows corporations to participate in criminal trials through authorized representatives. This provision ensures that:
- Companies can defend themselves in court without physical appearance.
- Court procedures remain efficient even when corporations are involved.
- Legal disputes over representation are resolved swiftly by judicial decision.
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