BNSS 342 — Procedure when corporation or registered society is an accused.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(1)   In   this
section, “corporation” means  an  incorporated  company  or  other  body  corporate,  and  includes  a  society
registered under the Societies Registration Act, 1860 (21 of 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  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.

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