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Under section 40 of the Prevention of Money-laundering Act, 2002, the term "deemed to be public…

The words "shall be deemed to be public servants" in PMLA s.40 create a legal fiction: persons not otherwise public servants are treated as such for the purposes of IPC s.21…

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Under section 40 of the Prevention of Money-laundering Act, 2002, the term "deemed to be public servants" implies:

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The words "shall be deemed to be public servants" in PMLA s.40 create a legal fiction: persons not otherwise public servants are treated as such for the purposes of IPC s.21 (now s.2(28) of the Bharatiya Nyaya Sanhita, 2023). The status is statutory, not an appointment, and it is neither temporary nor waivable.

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