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

Summary

This section applies when a company or a registered society is accused in a court case. It allows the corporation to appoint a representative to appear in court on its behalf, and this appointment does not need to have the corporation’s official seal. If the representative appears, any legal requirement that something must be done in the presence of the accused, or read or explained to the accused, is treated as being done for the representative instead. If the representative does not appear, those requirements do not apply. A written statement signed by the managing director or an authorised person confirming the appointment of the representative is accepted by the court as proof of that appointment, unless proven otherwise. If there is any dispute about whether a person is the authorised representative, the court will decide.

Official 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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)

Old <-> New Code Mapping

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