Procedure when corporation or registered society is an accused
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Summary
A corporation, including a society under the Societies Registration Act, may appoint a representative for an inquiry or trial; no corporate seal is needed. When the representative appears, requirements to act in the accused's presence or to read, explain or examine the accused apply to the representative; if none appears those requirements do not apply. A written statement signed by the managing director or person managing the corporation is prima facie proof of appointment, and the court decides disputes over representation.
Example
Ravi runs a registered society facing trial for a regulatory offence. He files a signed statement naming Priya as the society's representative. Priya appears in court; the magistrate reads the charge to her and examines her, and those acts count as done to the society.
Bare Act
Enacted text(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 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 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 (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.
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