Code
(1) In this section, “corporation” means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 1860 (21 of 1860).
(2) Where a corporation is the accused person or one of the accused persons in an inquiry or trial, it may appoint a representative for the purpose of the inquiry or trial and such appointment need not be under the seal of the corporation.
(3) Where a representative of a corporation appears, any requirement of this Code that anything shall be done in the presence of the accused or shall be read or stated or explained to the accused, shall be construed as a requirement that thing shall be done in the presence of the representative or read or stated or explained to the representative, and any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined.
(4) Where a representative of a corporation does not appear, any such requirement as is referred to in subsection (3) shall not apply.
(5) Where a statement in writing purporting to be signed by the managing director of the corporation or by any person (by whatever name called) having, or being one of the persons having the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section, is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed.
(6) If a question arises as to whether any person, appearing as the representative of a corporation in an inquiry or trial before a Court is or is not such representative, the question shall be determined by the Court.
Explanation:
When a corporation or registered society is accused of an offense, the following procedures apply:
- Notice to the Corporation: The court will issue a notice to the corporation or society at its registered office, specifying the offense and requiring it to appear through its authorized representative.
- Representation by Authorized Representative: The corporation or society may be represented in court by its authorized representative, typically a director, secretary, or other authorized person.
- Pleas and Proceedings: The authorized representative can plead to the charges on behalf of the corporation or society. The trial will proceed as usual, with the court considering evidence against the corporation or society.
- Conviction and Sentence: If convicted, the corporation or society can be fined, but not imprisoned. The fine can be levied on the corporation’s assets.
Illustration:
Consider a case where a company is accused of polluting a river. The court will issue a notice to the company at its registered office. The company can then send an authorized representative to court to represent it and defend the charges. If found guilty, the company could be fined for violating environmental regulations.
Common Questions and Answers:
Q: Can an individual employee be held responsible for a corporation’s offense?
A: Yes, individual employees who are directly involved in committing the offense can be held personally liable, even if the corporation is also found guilty.
Q: How does a corporation or society prove its innocence?
A: The corporation or society must present evidence to show it did not commit the alleged offense or that its actions were justified. This can include presenting witnesses, documents, and other evidence to support its case.
Q: What happens if the corporation or society fails to appear in court?
A: If a corporation or society fails to appear after receiving a notice, the court can proceed with the trial in its absence. This could lead to a default judgment against the corporation or society, making it liable for the charges.
