Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 342: Procedure when corporation or registered society is an accused
(1) In this section, corporation means an incorporated company or other body corporate, and includes a society registered under the Societies Registration Act, 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 Sanhita 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 sub-section (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 duly authorised by him (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.
Brefe Detail
This section of the Bharatiya Nagarik Suraksha Sanhita, 2023 outlines the procedures to be followed when a corporation or registered society is an accused party in a legal inquiry or trial. It defines what constitutes a corporation, specifies how representatives can be appointed, and explains the implications of their appearance in court.
Question & Answers
Q1: What does corporation refer to in this section?
A1: Corporation refers to an incorporated company or body corporate, including societies registered under the Societies Registration Act, 1860.
Q2: Can a corporation appoint a representative for a trial?
A2: Yes, a corporation may appoint a representative for the inquiry or trial, and this appointment does not need to be under the seal of the corporation.
Q3: How are requirements regarding the presence of the accused adjusted when a representative appears?
A3: If a representative appears, any requirement for something to be done in the presence of the accused is interpreted as being done in the presence of the representative.
Q4: What happens if a representative does not appear?
A4: If a representative does not appear, the requirements mentioned in sub-section (3) do not apply.
Q5: What presumption does the Court make if a signed statement appointing a representative is filed?
A5: The Court presumes that the named person has been appointed as the representative unless proven otherwise.
Q6: Who determines whether a person is a legitimate representative of a corporation?
A6: The Court determines whether a person appearing as a representative is indeed such a representative.
Example
- Example 1: A corporation under investigation for fraud appoints a senior executive as its representative in the trial.
- Example 2: The managing director signs a statement indicating that a specific employee will represent the corporation, which the Court accepts as valid unless proven otherwise.
Summary
Section 342 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sets forth the procedure for dealing with corporations or registered societies as accused parties in legal proceedings. It allows for the appointment of representatives, clarifies the implications of their presence in court, and provides a framework for addressing questions regarding representation.
