CrPC 305 — Procedure when corporation or registered society is an accused

Code of Criminal Procedure, 1973

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 Code 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 (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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