Supreme Court: Trust Cannot Be Arraigned As Accused, Being Not A Juristic Person
Supreme Court Holds Trust Cannot Be Arrayed As An Accused
The Supreme Court has held that a trust cannot be arrayed as an accused in a criminal prosecution because it is not a juristic person having a separate legal existence of its own.
In Madasa Masih-Ul-Uloom Educational & Charitable Trust v. State of Karnataka & Ors., the Bench comprising Justice J.B. Pardiwala and Justice K. Vinod Chandran directed that criminal proceedings should not continue against the appellant Trust.
Trust Has No Separate Juristic Personality
The Court reiterated that a trust, as such, is not a separate legal entity capable of suing or being sued in its own name. The obligations associated with the trust are placed upon the trustee.
The Court relied upon the earlier legal position that a trust is an obligation attached to ownership of property and that the responsibility to maintain or defend proceedings rests with the trustee rather than the trust as an independent juridical entity.
Criminal Proceedings Against Trustee Continue
The ruling does not terminate the criminal proceedings against the individuals involved.
The allegations concerning acceptance of money were directed against the trustee, and the Court specifically noted that prosecution against the trustee and other accused persons would continue.
Why The Ruling Matters
The decision draws an important distinction between an entity that possesses independent legal personality and an arrangement that operates through trustees.
For criminal proceedings, correctly identifying the legal person capable of being prosecuted is therefore significant. The ruling also highlights the importance of distinguishing the legal status of a trust from that of incorporated entities such as companies.
Key Takeaway
A trust cannot itself be arraigned as an accused where it lacks separate juristic personality; criminal liability may nevertheless continue against the trustees or other individuals alleged to have committed the offence.
Case: Madasa Masih-Ul-Uloom Educational and Charitable Trust v. State of Karnataka & Ors.
Court: Supreme Court of India
Bench: Justice J.B. Pardiwala and Justice K. Vinod Chandran
Date: 10 September 2026
Reference: Crl. A. No. 004363/2026
