Section 305 CrPC: Procedure when corporation or registered society is an accused

What Section 305 CrPC Says

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.

Source: Section 305, Code of Criminal Procedure, 1973

Section 305 CrPC in Simple Words

When Section 305 CrPC Applies

• 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.
• 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.
• 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.
• 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.
• 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.

Example of Section 305 CrPC

When Section 305 CrPC Does Not Apply

• Section 305(2) CrPC speaks of a corporation that is the accused person or one of the accused persons in an inquiry or trial. It does not deal with a corporation that is only a witness in the case.
• Section 305(2) CrPC speaks of a representative appointed by a corporation. It does not deal with the right of a person to be defended by a pleader of his choice, which Section 303 CrPC covers under the heading Right of person against whom proceedings are instituted to be defended.

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