Wednesday, August 20, 2025
HomeThe Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023Section 342.   Procedure when corporation or registered society is an accused.

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.

RELATED ARTICLES

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular

- Advertisment -

Recent Comments