Banking Regulation Act, 1949 · Section guide
Section 46A: Chairman, director, etc. deemed public servants for specified criminal-law purposes
Reviewed by CA Nikhil Gupta · Last reviewed 18 September 2026
Section 46A — Chairman, director, etc. deemed public servants for specified criminal-law purposes. Deems specified senior officers, directors, auditors, liquidators, managers and employees to be public servants for the criminal-law purpose identified by the section; the statutory cross-reference should be read with current criminal-law transition legislation before advising. On a contemporary prosecution.
Official statute linkedProvision-specific anatomyPractical case + evidence file
Statutory structure and provision map
This map is a provision-specific explanation, not a substitute for the exact statutory text.
Core statutory rule
Deems specified senior officers, directors, auditors, liquidators, managers and employees to be public servants for the criminal-law purpose identified by the section.
Condition / limitation
the statutory cross-reference should be read with current criminal-law transition legislation before advising on a contemporary prosecution.
Source and effective-date control
Apply the wording of Section 46A that was in force on the event date; use the official Act and any applicable commencement/amending instrument linked on this page.
Professional application
State exact deeming scope and verify treatment of historical criminal-code references against current law; do not silently modernise statutory quotations.
Evidence / working-paper checklist
- Section 46A evidence: the exact contravention and enabling provision.
- Section 46A evidence: show-cause/complaint and service evidence.
- Section 46A evidence: hearing submissions and adjudication/order.
- Section 46A evidence: payment/recovery/court record and continuing-default calculation.
Retain the event date and source version with the file so the conclusion remains reproducible after later amendments.
Common mistakes to avoid
- For Section 46A, avoid calculating a penalty without first classifying the statutory contravention.
- For Section 46A, avoid missing the hearing/payment/recovery sequence.
- For Section 46A, avoid assuming a regulatory monetary penalty and a criminal complaint can always proceed in parallel.
Related sections inside the Act
Use these links to read Section 46A in its statutory sequence, especially where the provision imports definitions, approvals, appeals, penalties or winding-up consequences from neighbouring sections.
Current-law source control
Source control: Section 46A is anchored to the official DFS consolidated text; later changes require separate Gazette verification.
Dated matters: verify any later Gazette, RBI direction or binding judgment affecting Section 46A on the event date.
Primary official sources
Disclaimer
This Finin2min page is an educational and professional reference. Banking regulation is fact-, entity- and date-sensitive. Verify the current Act, Gazette amendments and commencement notifications, applicable RBI Rules/directions and the transaction record before acting or filing.