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CS Professional · Banking and Insurance - Laws and Practice · Overview of Indian Banking System

Prakash Nair works as a clerk in a branch of Himalaya Bank Ltd., a banking company, and is not a director or manager. He is charged with taking a bribe for sanctioning a loan. How does Section 46A of the Banking Regulation Act, 1949 treat him?

He is deemed a public servant. Section 46A includes any other employee of a banking company, so a clerk falls within it for Chapter IX of the Indian Penal Code, without any test of seniority, cash handling or salary.

  1. ANot a public servant, as only senior officers are covered
  2. BA public servant only if he handles cash
  3. CA public servant only if he is above a prescribed salary
  4. DDeemed a public servant, since any other employee of a banking company is coveredCorrect

Explanation

Section 46A covers any other employee of a banking company along with chairman, directors, auditors, liquidators and managers. No seniority, cash handling or salary test applies, so the options limiting coverage are wrong.

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