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RK MEHTA (DEPUTY GENERAL MANAGER - LEGAL)     04 February 2010

APPEARANCE U/S 305 CR PC

Under Section 305 of Cr. PC a Company can nominate an individual to represent it in Court in a case where the Company is accused. Since this representative is not personally liable, no punishment can be personally imposed upon him. The only punishment which can be imposed upon conviction is moetary fine because the company not being a natural person can not be imprisoned. Since the company cannot be arrested and the provisions of bail do not apply to a Company, why should this representative take bail? My second question is that in case this representative ceases to be an employee on account of his retirement, termination, resignation etc., can he apply to the concerned court,. as a matter of right, to be relieved from his representative capacity, whether or not the company nominates a new representative.



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 1 Replies

sweta singh (n/a)     04 February 2010

 well its later 2 decide whether co. is liable or not..it is to be represebnted u/s 305 crpc........and if that representative is retiring he can b substituted by another employee of the co.


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