Code: Section 342 BNSS
Representation of Corporations in Criminal Proceedings
342.
(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 something shall be done in the presence of the accused, or shall be read, stated, or explained to the accused, shall be construed as a requirement that such thing be done in the presence of the representative. Any requirement that the accused be examined shall be construed as a requirement that the representative be examined.
(4) If a representative of a corporation does not appear, the requirements mentioned in sub-section (3) shall not apply.
(5) Where a statement in writing, purporting to be signed by the managing director or any duly authorized person managing the corporation’s affairs, certifies that a particular person is appointed as the representative for this section, the Court shall presume the appointment as valid, unless proven otherwise.
(6) If any dispute arises regarding whether a person appearing as a corporation’s representative is duly appointed or not, the Court shall determine the matter.
Explanation of Section 342 BNSS
Section 342 of the Bharatiya Nyaya Sanhita (BNSS), 2023, provides a legal framework for corporations (such as companies and registered societies) to be represented in criminal trials through authorized representatives. This provision ensures that corporations, which are non-living legal entities, can participate in legal proceedings without requiring the physical presence of all key officials.
Key Provisions of Section 342 BNSS
- Definition of Corporation
- Includes incorporated companies and registered societies.
- Covers any body corporate under Indian law.
- Appointment of a Representative
- A corporation can appoint a representative for legal proceedings.
- The appointment does not require the corporation’s official seal.
- Representative’s Role in Court Proceedings
- Any legal requirement to read, explain, or examine the accused will apply to the corporation’s representative.
- If no representative appears, the legal requirement does not apply.
- Presumption of Valid Representation
- If a statement signed by the Managing Director or an authorized person is filed, the Court presumes the appointment is valid unless proven otherwise.
- Court’s Authority in Disputes
- If a dispute arises over the legitimacy of a representative, the Court will decide the matter.
Illustrations of Section 342 BNSS
Example 1: Corporation Appointing a Representative
A private company is accused of tax evasion. Instead of requiring the Managing Director to appear in every hearing, the company appoints its Legal Head as the representative.
Example 2: Legal Proceedings in the Absence of a Representative
A corporation is charged with environmental violations but does not appoint a representative. In this case, the trial can proceed without fulfilling the usual legal requirements, such as explaining charges in the accused’s presence.
Example 3: Disputed Appointment of a Representative
A company submits a statement claiming that Mr. X is its representative. However, another executive disputes this claim in court. The judge reviews the appointment letter and corporate records to resolve the dispute.
Common Questions and Answers on Section 342 BNSS
1. Can a corporation be accused in a criminal case?
- Yes, corporations can be held criminally liable and prosecuted.
2. Who can represent a corporation in court under Section 342?
- A representative appointed by the corporation, which may include:
- Managing Director
- Legal Head
- Any authorized officer or employee
3. Does the representative need to be officially appointed under the corporate seal?
- No, formal sealing is not required.
4. What happens if the corporation does not send a representative?
- The court can proceed without fulfilling legal formalities like reading charges in the presence of the accused.
5. Can the appointment of a representative be challenged?
- Yes, if a dispute arises, the court will decide the validity of the appointment.
Conclusion
Section 342 BNSS ensures that corporations can participate in criminal proceedings through authorized representatives, simplifying legal processes while maintaining accountability. It aligns with modern corporate governance and legal efficiency, preventing unnecessary delays in corporate criminal trials.
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