Procedure when corporation or registered society is an accused
Section 342 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with procedure when corporation or registered society is an accused. 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). The Act came into force on 01 Jul 2024.
(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 of 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 Sanhita 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 duly authorised by him (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.
Section 342, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 305 Procedure when corporation or registered society is an accused Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Hyundai Motor India Limited vs Ajay Kumar Agarwal
Decided under Code of Criminal Procedure 305, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a corporation is an accused person in proceedings under the Consumer Protection Act, 1986, and it appoints an authorized representative as permitted under Section 305 CrPC, the District Consumer Forum cannot insist on the personal appearance of the Managing Director or any other specific officer. The statutory requirement that the accused shall be examined is satisfied by the examination of the authorized representative. The District Forum is bound by the procedure laid down in the Code of Criminal Procedure, 1973, and cannot impose additional requirements beyond what the statute permits.
On this section: Core provision governing procedure when a corporation is an accused person. The Court held that Section 305(3) CrPC mandates that when a representative of a corporation appears, any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. The District Forum's insistence on the Managing Director's personal appearance was held to be contrary to this statutory provision.
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Tamil Nadu Petro Products LTD vs Additional Depty Commercial
Decided under Code of Criminal Procedure 305, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Once a corporate representative has been arrayed as an accused in criminal proceedings, that representative cannot be substituted or delegated to another person during the pendency of the trial. The representative who was responsible for the alleged offence at the relevant point of time cannot further delegate his position as accused to some other person. Section 305 CrPC permits a company to appoint a representative, but this does not extend to allowing substitution of the representative once the proceedings have commenced and the representative has been named as an accused.
On this section: Permits a company to appoint a representative to represent it in criminal proceedings. However, the court held that this provision does not allow substitution of the representative once proceedings have commenced and the representative has been arrayed as an accused.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 342
What have the courts held on Section 342 of the Bharatiya Nagarik Suraksha Sanhita?
Hyundai Motor India Limited vs Ajay Kumar Agarwal (23 Oct 2017) is the leading judgment on this section among those set out below, though it was decided under CRPC 305, which this section replaced -- the court never mentioned this Act: Core provision governing procedure when a corporation is an accused person. The Court held that Section 305(3) CrPC mandates that when a representative of a corporation appears, any requirement that the accused shall be examined shall be construed as a requirement that the representative shall be examined. The District Forum's insistence on the Managing Director's personal appearance was held to be contrary to this statutory provision. Another 1 judgment on this section is set out below. They run from 2017 to 2021.
How do I find court cases under Section 342 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 342, section 342 BNSS, section 342 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Hyundai Motor India Limited vs Ajay Kumar Agarwal (23 Oct 2017).
What should I read with Section 342 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 305 (Procedure when corporation or registered society is an accused), so the judgments decided under that provision are the case law on this one.
When did Section 342 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 342 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 342, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.