BNSS Section 342: Procedure when corporation or registered society is an accused
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 26: General Provisions as to Inquiries and Trials
Also available in: हिंदी
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 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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 337. Person once convicted or acquitted not to be tried for same offence
- 338. Appearance by Public Prosecutors
- 339. Permission to conduct prosecution
- 340. Right of person against whom proceedings are instituted to be defended
- 341. Legal aid to accused at State expense in certain cases
- 343. Tender of pardon to accomplice
- 344. Power to direct tender of pardon
- 345. Trial of person not complying with conditions of pardon
- 346. Power to postpone or adjourn proceedings
- 347. Local inspection
- 348. Power to summon material witness, or examine person present
- 349. Power of Magistrate to order person to give specimen signatures or handwriting, etc
- 350. Expenses of complainants and witnesses
- 351. Power to examine accused
- 352. Oral arguments and memorandum of arguments
- 353. Accused person to be competent witness
- 354. No influence to be used to induce disclosure
- 355. Provision for inquiries and trial being held in absence of accused in certain cases
- 356. Inquiry, trial or judgment in absentia of proclaimed offender
- 357. Procedure where accused does not understand proceedings
- 358. Power to proceed against other persons appearing to be guilty of offence
- 359. Compounding of offences
- 360. Withdrawal from prosecution
- 361. Procedure in cases which Magistrate cannot dispose of
- 362. Procedure when after commencement of inquiry or trial, Magistrate finds case should be committed
- 363. Trial of persons previously convicted of offences against coinage, stamp-law or property
- 364. Procedure when Magistrate cannot pass sentence sufficiently severe
- 365. Conviction or commitment on evidence partly recorded by one Magistrate and partly by another
- 366. Court to be open