Summons in Criminal Case -- Issued to Post Instead of Named Person -- Summons cannot be issued to a post without mentioning the name of the person holding the post
(i) Bharatiya Nagarik Suraksha Sanhita, 2023, S.528 -- Summons in Criminal Case -- Issued to Post Instead of Named Person -- Summons in a criminal case cannot be issued to a post without mentioning the name of the person holding the post. A post is not a juristic person, and continuation of proceedings on such summons amounts to abuse of process of law. (ii) Indian Penal Code, 1860, S.34 -- Vicarious Liability of Company Officials -- Absence of Statutory Provision Attracting Liability -- An individual alleged to have committed an offence on behalf of a company can be made an accused only where there is sufficient evidence of active role coupled with criminal intent, or where the statutory regime specifically attracts vicarious liability. Vicarious liability by legal fiction must be specifically provided in the statute concerned.
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