What is the procedure when corporation or registered society is an accused? Section 305 of Code of Criminal Procedure 1973

Procedure when corporation or registered society is an accused is defined under Section 305 of CRPC 1973. Provisions under this section is:

Section 305 of CRPC "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 the thing shall be done in the presence of 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.

GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS

Person once convicted or acquitted not to be tried for same offence? Section 300 of Code of Criminal Procedure 1973

Appearance by Public Prosecutors, What is permission to conduct prosecution? Section 301 and 302 of Code of Criminal Procedure 1973

What are the Rights of person against whom proceedings instituted to be defended? What is Legal aid to accused at State expense in certain cases? Section 303 and 304 of Code of Criminal Procedure 1973

What is the procedure when corporation or registered society is an accused? Section 305 of Code of Criminal Procedure 1973

What is Tender of pardon to accomplice? Who has power to direct tender of pardon? Section 306 and 307 of Code of Criminal Procedure 1973

What is Trial of person not complying with conditions of pardon? What is Power to postpone or adjourn proceedings? Section 308 and 309 of Code of Criminal Procedure 1973

What is Local Inspection? What is power to summon material witness, or examine Person? What is present Expenses of complainants and witnesses? Section 310, 311 and 312 of Code of Criminal Procedure 1973

What is Power to examine the accused? What is Oral arguments and memorandum of arguments? Section 313 and 314 of Code of Criminal Procedure 1973

What is the meaning of accused person to be competent witness? What is the meaning of no Influence to be used to induce disclosure? What is the Provision for inquiries and trial being held in the absence of accused in certain cases? Section 315, 316 and 317 of Code of Criminal Procedure 1973

What is the Procedure where accused does not understand proceedings? What is Power to proceed against other persons appearing to be guilty of offence? Section 318 and 319 of Code of Criminal Procedure 1973

 

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