Correct option is C
Under the Criminal Procedure Code, 1973 (CrPC), Section 305 provides the procedure when a corporation or a registered society is an accused in a criminal case. This section addresses the representation of these entities in court proceedings. According to Section 305(1), when a corporation or registered society is an accused, it may appoint a representative for the purpose of conducting the prosecution or defense on its behalf. This representative is allowed to act as if they are the accused for all purposes under the CrPC, including pleading guilty or not guilty, cross-examining witnesses, and arguing the case.
Information Booster Section 305 of the CrPC recognizes that corporations and registered societies, being legal entities, cannot physically appear in court. Hence, the law allows these entities to appoint a representative who can effectively stand in their place during court proceedings. The appointment must be in writing, and the representative is usually an officer or an authorized agent of the corporation or society. This provision ensures that the legal entity’s rights and interests are adequately represented in criminal cases without requiring the presence of every individual member or officer.
Additional Knowledge
· Section 306 of the CrPC deals with tendering pardon to an accomplice in exchange for their testimony. This section allows the court to grant a pardon to a person accused of an offense if they agree to give full and truthful disclosure regarding the offense and others involved in its commission. This section is not related to corporate entities or registered societies being accused.
· Section 304 of the CrPC addresses legal aid to accused individuals. It provides that in cases where the accused cannot afford legal representation, the court may assign a pleader for their defense at the expense of the state. This provision primarily focuses on individuals who are unable to secure legal assistance, not on corporate entities or societies.
· Section 319 of the CrPC allows the court to proceed against any person who appears to be guilty of an offense during the trial, even if they are not an accused in the initial charge sheet. This section empowers the court to add new accused persons if the evidence presented during the trial suggests their involvement in the crime. This provision is broader in scope and applies to individuals who come to light during the course of the trial, but it does not specifically address corporations or registered societies.
