Bharatiya Nagarik Suraksha Sanhita (BNSS) Section 342
Code: Section 342 of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
Explanation: This section deals with the representation of corporations in inquiries and trials under the BNSS. It outlines the process by which a corporation can appoint a representative to act on its behalf during legal proceedings.
- Sub-section (1): Defines “corporation” to include incorporated companies, other bodies corporate, and societies registered under the Societies Registration Act, 1860.
- Sub-section (2): Allows corporations to appoint representatives for inquiries and trials, without the need for a formal seal.
- Sub-section (3): States that any requirement of the BNSS to involve the accused (corporation) in legal proceedings, such as reading statements or being examined, will be fulfilled by the representative’s presence and participation.
- Sub-section (4): Excludes the requirement of sub-section (3) if the corporation does not appoint a representative.
- Sub-section (5): Provides a mechanism for verifying the representative’s appointment by requiring a written statement signed by the managing director or authorized person, which the Court will presume to be valid unless proven otherwise.
- Sub-section (6): Grants the Court the authority to determine whether a person claiming to represent a corporation is indeed authorized.
Illustration: If a company is accused of violating environmental regulations, it can appoint a legal representative to represent the company in the trial. This representative can appear in court, examine witnesses, and make legal arguments on behalf of the company.
Common Questions and Answers:
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Q: Can a corporation appoint multiple representatives?
A: The section does not explicitly prohibit it, so multiple representatives are likely permissible. -
Q: What happens if the representative is not a lawyer?
A: The section does not specify the qualifications of the representative. It can be anyone authorized by the corporation. -
Q: How is the written statement mentioned in sub-section (5) filed?
A: The statement is typically filed with the Court during the initial stages of the inquiry or trial.
