Section 305 CrPC: Procedure for Corporation or Registered Society as Accused

This section outlines the procedure when a corporation or registered society is accused of an offense under the Indian Penal Code.

1. State the Code:

Section 305 of the Code of Criminal Procedure, 1973 (CrPC)

2. 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.

3. 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.

4. 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.