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 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.
Bharatiya Nagarik Suraksha Sanhita
Section 342
Procedure when corporation or registered society
⚡ Quick Answer Reference: Section 342 BNSS
- Provision: Section 342 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: GENERAL PROVISIONS AS TO INQUIRIES AND TRIALS
- Jurisdiction: India
- Summary: This section explains how a corporation or registered society can participate in a legal inquiry or trial, including appointing a representative and the procedures that apply.
What does Section 342 of BNSS say?
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What does Section 342 of BNSS mean?
Plain English Explanation
This section explains how a corporation or registered society can participate in a legal inquiry or trial, including appointing a representative and the procedures that apply.
Practical Interpretation
In practice, this section allows corporations to appoint representatives to appear on their behalf in legal proceedings, simplifying the process for complex entities.
Core Legal Purpose
The core purpose is to provide a clear procedure for corporations and registered societies to follow when they are accused in a legal inquiry or trial, ensuring fairness and efficiency.
- •The corporation must appoint a representative for the purpose of the inquiry or trial.
- •The representative's appointment does not require the corporation's seal.
- •The key legal test is whether the representative has been duly authorized by the corporation.
- •A key exception is when the representative does not appear, in which case certain requirements do not apply.
Practical Example of Section 342 BNSS
Rajesh, the managing director of XYZ Corporation, appoints Priya as the representative for an inquiry. Priya appears before the court, and the court presumes she has been duly authorized based on a written statement signed by Rajesh. The court then proceeds with the inquiry in Priya's presence, applying the requirements of this section.
Frequently Asked Questions about Section 342 BNSS
Q: What is the punishment or consequence under Section 342 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section specifically applies to corporations and registered societies, not private individuals.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with offences, so it is neither bailable nor cognizable; it is a procedural provision.
Common Questions about Section 342 BNSS
What is Section 342 of BNSS?
Section 342 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Procedure when corporation or registered society". In plain terms: This section explains how a corporation or registered society can participate in a legal inquiry or trial, including appointing a representative and the procedures that apply.
What is the punishment under Section 342 of BNSS?
Section 342 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 342 of BNSS bailable or non-bailable?
Whether Section 342 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 342 of BNSS?
The essential elements of Section 342 of BNSS are: The corporation must appoint a representative for the purpose of the inquiry or trial.; The representative's appointment does not require the corporation's seal.; The key legal test is whether the representative has been duly authorized by the corporation..
Landmark Judgments under Section 342 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 342
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