CrPC 305→BNSS 342

CrPC 305 to BNSS 342: Procedure when corporation or registered society is an accused

Section 305 CrPC (1973) replaced by Section 342 BNSS (2023)

View CrPC Section 305 →View BNSS Section 342 →

CrPC 305 to BNSS 342 at a Glance

Section 305 CrPC (Procedure when corporation or registered society is an accused) is now Section 342 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 305 to BNSS 342?

From 1 July 2024, Section 342 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced Section 305 of the Code of Criminal Procedure, 1973, with the same heading. Section 342(5) BNSS reads signed by the managing director of the corporation or by any person duly authorised by him where Section 305(5) CrPC read signed by the managing director of the corporation or by any person. Section 342(3) BNSS reads this Sanhita where Section 305(3) CrPC read this Code. Section 342(1) BNSS, Section 342(2) BNSS, Section 342(4) BNSS and Section 342(6) BNSS are in the same words as Section 305(1) CrPC, Section 305(2) CrPC, Section 305(4) CrPC and Section 305(6) CrPC.

CrPC 305 vs BNSS 342: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section305342
HeadingProcedure when corporation or registered society is an accusedSame
Sub-sections6 sub-sectionsSame

CrPC 305 and BNSS 342: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 305, CrPC 1973

305. Procedure when corporation or registered society is an accused.—(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 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.
BNSS 2023 (in force)

Section 342, BNSS 2023

342. Procedure when corporation or registered society is an accused.—(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.

When It Applies: CrPC 305 vs BNSS 342

Under CrPC 305
  1. Under Section 305(2) CrPC, 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.
  2. Under Section 305(3) CrPC, where a representative of a corporation appears, any requirement of the 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 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.
  3. Under Section 305(4) CrPC, where a representative of a corporation does not appear, any such requirement as is referred to in Section 305(3) CrPC shall not apply.
  4. Under Section 305(5) CrPC, where a statement in writing purporting to be signed by the managing director of the corporation or by any person 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 Section 305 CrPC, is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed.
  5. Under Section 305(6) CrPC, 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.
Under BNSS 342
  1. Under Section 342(2) BNSS, 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.
  2. Under Section 342(3) BNSS, where a representative of a corporation appears, any requirement of the 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.
  3. Under Section 342(4) BNSS, where a representative of a corporation does not appear, any such requirement as is referred to in Section 342(3) BNSS shall not apply.
  4. Under Section 342(5) BNSS, where a statement in writing purporting to be signed by the managing director of the corporation or by any person duly authorised by him 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 Section 342 BNSS, is filed, the Court shall, unless the contrary is proved, presume that such person has been so appointed.
  5. Under Section 342(6) BNSS, 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.

What CrPC 305 to BNSS 342 Means in Practice

From 1 July 2024, the provision on the procedure when a corporation or registered society is an accused is Section 342 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in place of Section 305 of the Code of Criminal Procedure, 1973. Section 342(5) BNSS refers to a statement in writing purporting to be signed by the managing director of the corporation or by any person duly authorised by him.

FAQs: CrPC 305 to BNSS 342

Where is each sub-section of Section 305 CrPC found in Section 342 BNSS?▼

Section 305(1) CrPC is found in Section 342(1) BNSS, Section 305(2) CrPC in Section 342(2) BNSS, Section 305(3) CrPC in Section 342(3) BNSS, Section 305(4) CrPC in Section 342(4) BNSS, Section 305(5) CrPC in Section 342(5) BNSS and Section 305(6) CrPC in Section 342(6) BNSS, from 1 July 2024.

Which words of Section 305(5) CrPC differ in Section 342(5) BNSS?▼

Section 342(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads signed by the managing director of the corporation or by any person duly authorised by him where Section 305(5) of the Code of Criminal Procedure, 1973 read signed by the managing director of the corporation or by any person. The rest of Section 342(5) BNSS is in the same words as Section 305(5) CrPC.

Which words of Section 305(3) CrPC differ in Section 342(3) BNSS?▼

Section 342(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 reads any requirement of this Sanhita where Section 305(3) of the Code of Criminal Procedure, 1973 read any requirement of this Code. The rest of Section 342(3) BNSS is in the same words as Section 305(3) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·