Bharatiya Nagarik Suraksha Sanhita, 2023
Section 342 BNSS: Procedure when corporation or registered society is an accused
Section 342 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the procedure to be followed when a corporation is an accused person, or one of the accused persons, in an inquiry or trial. For this section, the expression "corporation" includes an incorporated company, another body corporate, and a society registered under the Societies Registration Act, 1860.
What Section 342 BNSS provides
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.
Meaning and practical effect of Section 342
A corporation cannot physically attend a criminal court in the same manner as a natural person. Section 342 therefore allows the corporate accused to act through an appointed representative during an inquiry or trial. Once such a representative appears, procedural requirements that would ordinarily require the presence, examination, or explanation of matters to the accused are applied to that representative.
Key point: The appointment of the representative does not have to be made under the corporate seal.
Presumption: If the required written statement of appointment is filed and appears to be signed by the managing director or a duly authorised person involved in management, the Court must presume the appointment to be valid unless the contrary is proved.
Court's role: Any dispute about whether the person appearing is actually the corporation's representative is decided by the Court.
Who is treated as a corporation under Section 342?
For the limited purpose of Section 342, the term "corporation" expressly covers an incorporated company or other body corporate. It also includes a society registered under the Societies Registration Act, 1860. This definition determines which organisational accused persons may use the representative procedure contained in this section.
What happens if the representative does not appear?
Under sub-section (4), where the corporation's representative does not appear, the requirements referred to in sub-section (3) do not apply. In other words, the procedural requirements that would otherwise be performed in the presence of, explained to, or addressed to the corporate representative are not insisted upon merely because the corporation itself cannot physically appear.
Official legal sources
The current central text of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available through India Code. The Societies Registration Act, 1860, which is expressly referred to in Section 342(1), is also available from India Code.
Note: This page is an informational explanation of Section 342. For a court filing, prosecution, defence, or corporate criminal proceeding, the applicable facts, procedural orders, notifications, and current judicial decisions should also be checked.