Legal Proceeding under Section 305 of the Code of Criminal Procedure – When a Corporation is an Accused Person

When such a representative appears, any requirement of the Code that anything is to be done in the presence of the accused or anything is to be read or explained to the accused, is to be construed to refer to the representative. Similarly, any requirement that the accused should be examined is to be construed as a requirement that such a representative should be examined.

It is further provided that when a statement in writing purporting to be signed by the Managing Director of the corporation or by any person having the management of its affairs, to the effect that the person named in that statement has been appointed as the representative of the corporation for the purpose of S. 305, is filed before the Court, the Court must presume that such a person has been so nominated, unless, of course, the contrary is proved.

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If any question arises as to whether any person appearing before the Court as the representative of a corporation is or is not, in fact, such a representative, this question is also to be determined by the Court itself.

For the purpose of S. 305, the term “corporation” means an incorporated company, or any other body corporate, and includes a society registered under the Societies Registration Act, 1860.