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Person: Natural and Juristic Legal Subjects

The concept of 'person' in law defines who can be a subject of legal rights and duties. Indian law recognises two broad categories: natural persons (human beings) and juristic or legal persons (entities created by law, such as companies, registered societies, universities, and municipalities). Both categories can hold rights, incur obligations, and be parties to legal proceedings.

Natural Person

A natural person is every human being from birth to death. Legal personality of a natural person commences at birth (though certain rights are recognised even for an unborn child — a child en ventre sa mere can inherit property). Legal personality ends at death, after which the estate is administered by legal representatives. A minor (below 18 years) is a natural person with limited legal capacity — they can hold rights but cannot enter contracts (Indian Contract Act Section 11).

Juristic Person

A juristic person is an entity to which the law attributes legal personality — the capacity to have rights, incur liabilities, own property, and sue or be sued — independently of the individuals composing it. Types include: (a) Corporations — created by statute (public corporations) or registration under the Companies Act (private corporations); (b) Registered societies and trusts — recognised as entities for purposes of contract and property; (c) Partnerships — not juristic persons, but can sue/be sued in the firm name under CPC Order XXX; (d) The State — a juristic person that can sue and be sued (CPC Section 79).

Corporate Liability in Criminal Law

Traditionally, only natural persons could commit crimes (requiring mens rea). The Supreme Court in Standard Chartered Bank v. Directorate of Enforcement (2005) 4 SCC 405 held that a company can be convicted of an offence that does not require imprisonment as the only sentence — i.e., where a fine is an alternative. BNS Section 10(3) expressly provides that where a company commits an offence, every person in charge of and responsible for its conduct is liable, in addition to the company itself.

GCA Definition: Inclusive

The GCA definition 'includes any company or association or body of individuals, whether incorporated or not' is a minimum — it is not exhaustive. Courts read 'person' contextually: in a criminal statute imposing punishment, 'person' means natural person; in a civil liability statute, it may include companies. The phrase 'whether incorporated or not' ensures that unregistered associations also fall within the definition for most purposes.

“In law, a person is not merely a human being but any entity to which the law chooses to ascribe legal personality. The law creates persons as readily as nature does.”