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). 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 the inquiry or trial and such appointment need not be under the seal of the corporation. 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. Where a representative of a corporation does not appear, any such requirement as is referred to in Sub-Section (3) shall not apply. 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. 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.
Code of Criminal Procedure, 1973
Section 305
Procedure when corporation or registered society is an accused
Englishहिंदी
⚡ Quick Answer Reference: Section 305 CrPC
- Provision: Section 305 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
Statutory Content
What does Section 305 of CrPC say?
Indian StandardSection 305, Code of Criminal Procedure, 1973
Bluebook (21st ed.)Code of Criminal Procedure, 1973, § 305 (India)
Court Pleading StandardSection 305 of the Code of Criminal Procedure, 1973
Canonical Web linkhttps://nyaya.cloud/acts/code-of-criminal-procedure-1973/305
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)
Common Questions about Section 305 CrPC
What is Section 305 of CrPC?
Section 305 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Procedure when corporation or registered society is an accused". The section states: 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). W...
What is the punishment under Section 305 of CrPC?
Section 305 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 305 of CrPC bailable or non-bailable?
Whether Section 305 of CrPC is bailable or non-bailable depends on the schedule classification.
Landmark Case Laws
Landmark Judgments under Section 305 CrPC
Patnahcucisdb94 High Court (10 8)
Commonly Cited Alongside
Sections commonly cited alongside Section 305
Contextual Workflows