Section 305 of CrPC : Section 305: Procedure When Corporation Or Registered Society Is An Accused

Explanation using Example

Imagine a scenario where XYZ Pvt. Ltd., a registered company under the Companies Act, is accused of environmental violations. According to Section 305 of The Code of Criminal Procedure, 1973, XYZ Pvt. Ltd. cannot physically appear in court as it is a legal entity, not a natural person. Therefore, the company appoints its Environmental Compliance Officer as its representative for the trial.

The officer attends the court proceedings on behalf of XYZ Pvt. Ltd. During the trial, when the prosecution presents evidence or the court requires a plea, these actions are directed towards the representative as if they were the accused company itself. If the representative fails to appear in court, the proceedings may continue without the requirements of the accused's presence being applied.

Furthermore, the company submits a letter stating that the appointed officer is authorized to act as the representative for the trial. The court, seeing the letter signed by the managing director, presumes the appointment is valid unless proven otherwise. If there is a dispute over the representative's authority, the court will make a decision to resolve the issue.