CrPC Section 305
Section 305 CrPC: Procedure when corporation is an accused
Bare Text of Section 305 CrPC:
(1) In a trial before a Magistrate, or in an inquiry, or a trial before a Court of Session, if the accused is a corporation, it may appoint a representative for the purpose of the inquiry or trial and such representative shall be deemed to have the authority to make the plea on behalf of the corporation and to conduct the inquiry or trial on its behalf.
(2) Where a representative of a corporation appears, any requirement of this Code that anything shall be done in the presence of the accused, or that the accused shall be present in Court, shall be deemed to be complied with if such thing is done in the presence of the representative.
(3) Where a representative of a corporation does not appear, any such requirement may be complied with by the production of the written statement signed by the managing director of the corporation, or by any person duly authorized by the corporation to act as its representative in the proceeding.
(4) Where a corporation does not appear by a representative, or fails to produce a written statement, the Court may proceed against the corporation as if it had appeared through a representative.
✅ Key Terms Defined:
Corporation: Includes companies, statutory bodies, or registered societies—essentially, a legal entity that is not a natural person.
Representative: A person authorized by the corporation to appear on its behalf—usually a director, managing director, or other official.
🔍 Detailed Explanation:
1. Applicability of Section 305:
This section applies only when the accused is a corporation, not an individual. Corporations, being artificial legal entities, cannot appear in court in person. Hence, this section provides a legal method for them to participate in criminal proceedings.
2. Appointment of Representative (Sub-section 1):
A corporation can appoint a person (like a managing director, manager, or any officer) as its representative for the purposes of:
Trial before a Magistrate
Inquiry
Trial before a Court of Session
This representative:
Has the authority to enter a plea (e.g., guilty or not guilty),
Can conduct the trial on behalf of the corporation,
Is treated as if the corporation itself is present in court.
3. Legal Effect of Representative's Presence (Sub-section 2):
If a representative appears in court:
All legal requirements for the presence of the accused (the corporation) are deemed to be fulfilled.
This means any step that must legally happen “in the presence of the accused” is valid if done in front of the representative.
4. If No Representative Appears (Sub-section 3):
If the corporation does not send a representative, it can still comply by submitting a:
Written statement, signed by:
The managing director, or
A duly authorized person.
This written statement stands in for physical presence and participation.
5. If Neither Representative Nor Statement is Provided (Sub-section 4):
If:
The corporation neither sends a representative nor
Submits a written statement,
Then the court is empowered to:
Proceed against the corporation as if it had appeared—meaning the trial can continue in the corporation’s absence.
⚖️ Purpose and Rationale:
Since corporations are juridical persons (not human beings), they cannot attend court in the traditional sense.
This section ensures:
Efficiency in the judicial process,
Fair opportunity for corporations to defend themselves,
Prevents corporations from evading legal responsibility by citing their artificial nature.
🏢 Examples:
Example 1:
A company is accused of environmental pollution under a penal statute. It appoints its compliance officer as its representative. The officer appears in court, pleads not guilty, and conducts the trial. This satisfies Section 305(1) and (2).
Example 2:
A company is accused of financial fraud but does not send a representative. Instead, its managing director sends a signed written statement denying the allegations. This is allowed under Section 305(3).
Example 3:
A company neither sends a representative nor submits any written statement. The court, under Section 305(4), proceeds with the trial in the absence of representation.
🧑⚖️ Important Judicial View:
Indian courts have held that:
A corporation can be prosecuted and punished with fines, even if the offence involves a punishment of imprisonment and fine (fine being the only enforceable part).
Section 305 is a procedural safeguard allowing such prosecutions to take place fairly.
✅ Summary of Section 305 CrPC:
| Scenario | Action Required | Legal Compliance |
|---|---|---|
| Corporation appoints a representative | Representative appears and acts in court | Complies with Section 305(1) & (2) |
| No representative, but written statement submitted | Statement by MD or authorized person | Complies with Section 305(3) |
| No representative and no statement | Court can proceed in absence | Allowed under Section 305(4) |
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