Section 305 CrPC: Procedure When Corporation or Registered Society Is Accused
Section 305 of the Code of Criminal Procedure, 1973 laid down the procedure for representation of a corporation or registered society when it was an accused person, or one of the accused persons, in a criminal inquiry or trial.
Meaning and scope of Section 305 CrPC
The provision recognizes that a corporation is a juristic person and cannot physically appear before a criminal court in the same manner as an individual. Section 305 therefore permits the corporation to act in the inquiry or trial through an appointed representative.
| Provision | Section 305, Code of Criminal Procedure, 1973 |
|---|---|
| Subject | Procedure when a corporation or registered society is an accused |
| Who is covered | An incorporated company, another body corporate, and a society registered under the Societies Registration Act, 1860 |
| Representative | The corporation may appoint a representative for the inquiry or trial. The appointment need not be under the seal of the corporation. |
| Current corresponding law | Section 342, Bharatiya Nagarik Suraksha Sanhita, 2023 |
Definition of corporation under Section 305(1)
For Section 305, the expression corporation means an incorporated company or other body corporate. It also includes a society registered under the Societies Registration Act, 1860.
Text and explanation of Section 305 CrPC
Sub-section (1): Meaning of corporation
A corporation includes an incorporated company or other body corporate and a society registered under the Societies Registration Act, 1860.
Sub-section (2): Appointment of representative
Where a corporation is an accused person, or one of the accused persons, in an inquiry or trial, it may appoint a representative for that proceeding. The appointment is not required to be made under the corporate seal.
Sub-section (3): Presence and examination through representative
When the appointed representative appears, a requirement under the CrPC that something be done in the presence of the accused, or be read, stated or explained to the accused, is treated as a requirement concerning the representative. A requirement to examine the accused is similarly treated as a requirement to examine the representative.
Sub-section (4): When no representative appears
If no representative of the corporation appears, the requirements referred to in sub-section (3) do not apply.
Sub-section (5): Written statement of appointment
If a written statement purporting to be signed by the managing director, or by a person having or sharing management of the affairs of the corporation, states that a named person has been appointed as the representative and is filed before the Court, the Court shall presume the appointment unless the contrary is proved.
Sub-section (6): Dispute about representative
If a question arises whether a person appearing in an inquiry or trial is actually the representative of the corporation, that question is determined by the Court.
How the provision works in a criminal inquiry or trial
The central purpose of Section 305 is procedural representation. Once the corporation appoints a representative and the representative appears, procedural acts that would ordinarily require the personal presence, hearing or examination of an individual accused can be carried out through that representative to the extent stated in the section.
The representative is therefore the procedural point of contact for the corporate accused during the inquiry or trial. The Court retains authority under sub-section (6) to decide any dispute concerning whether the person appearing has been validly appointed as the corporation's representative.
Section 305 CrPC and Section 342 BNSS
With effect from 1 July 2024, the Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the CrPC. The corresponding provision is Section 342 BNSS, which retains the same basic framework for representation of a corporation or registered society accused in an inquiry or trial.
One textual change appears in sub-section (5) of Section 342 BNSS: the provision refers to a person duly authorised by the managing director in the stated context. Accordingly, for current proceedings, the text of Section 342 BNSS should be consulted rather than relying only on the former Section 305 CrPC.
Which provision applies after 1 July 2024?
Section 531 BNSS repealed the CrPC but contains savings for specified pending proceedings. In particular, an appeal, application, trial, inquiry or investigation that was pending immediately before the commencement of BNSS is to continue in accordance with the CrPC as provided by Section 531(2)(a). For proceedings governed by BNSS, the corresponding corporate-representation provision is Section 342.
Official legal references
For the statutory text, see the Code of Criminal Procedure, 1973 on India Code. For the post-1 July 2024 procedural law, consult the Bharatiya Nagarik Suraksha Sanhita, 2023 and its corresponding Section 342.
Note: This page is a general legal information resource. The applicable procedural law may depend on the date and status of the investigation, inquiry, trial, application or appeal.