Section 342 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 342 - Overview
This section deals with cases where a corporate body or a registered society is accused or involved as a defendant in legal proceedings under the BNSS. It lays down the framework for how such entities should be represented in court and the legal formalities around their representation.
Detailed Explanation:
Definition of a Corporation or Registered Society
The section applies to entities like companies or bodies registered under the Societies Registration Act, 1860, or any other legally recognized corporate bodies. These are referred to as "corporations" or "registered societies" within the scope of this law.
Appointment of a Representative
Since a corporation is not a natural person, it cannot appear in court by itself. Therefore, this section allows the corporation to appoint any individual as its authorized representative to appear and act on its behalf in the legal proceedings.
No Requirement for Corporate Seal
The appointment of a representative does not require the corporate seal (official stamp) of the entity. This simplifies the process, making it easier for corporations to nominate someone to represent them without bureaucratic delays.
Legal Proceedings Through Representative
Once a representative is appointed and appears in court, all legal procedures that apply to a defendant will apply to the representative acting for the corporation. This includes reading of charges, explanations, cross-examinations, and any other court processes.
Absence of a Representative
If no authorized representative appears on behalf of the corporation or society, the usual legal processes like explanation of charges or examination of the defendant cannot be carried out against that corporation. Essentially, the court proceedings in respect of the accused corporation cannot move forward without a representative.
Proof of Appointment
If the managing director or any authorized officer of the corporation files a written statement or affidavit stating that a certain individual has been appointed as the corporation’s representative, the court will generally accept this as valid evidence of representation. This stands unless proven otherwise by contradicting evidence.
Disputes Regarding Representation
If there is any dispute or question about whether the person appearing is the lawful representative of the corporation, the court will decide on the legitimacy of that representation.
Purpose and Significance:
This section ensures corporate defendants have a clear and legally recognized way to participate in court proceedings.
It helps avoid confusion or delays that may arise if a corporation is unable to personally appear.
It allows courts to deal efficiently with legal matters involving companies or registered societies by dealing directly with an appointed person.
It provides a transparent and straightforward mechanism to validate who can represent the corporation legally.
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