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BNS 2024ACTIVE FRAMEWORK
Section 12
Banker, Merchant, Factor, Wharfinger, Attorney and Agent
Replaces colonial-era: IPC 5-11
N/ACognizable: N/AN/A
Reform Highlights
1
Preserved from IPC framework — same definitions apply in BNS.
2
Used to determine applicability of aggravated criminal breach of trust under BNS 316.
3
Functional test ('acting as') — formal registration not required.
THE STATUTE
The Clause
The words 'banker', 'merchant', 'factor', 'wharfinger', 'attorney', and 'agent' include any person acting as a banker, merchant, factor, wharfinger, attorney or agent, as the case may be.
Legal Commentary
Section 12 provides an expansive definition of several commercial roles for the purposes of the criminal breach of trust provisions in Chapter XVII of the BNS. By including 'any person acting as' a banker, merchant, factor, wharfinger, attorney, or agent, the provision ensures that formal designation or registration is not required — what matters is the functional role the person performs. A person who informally acts as a banker (collecting deposits, making loans) without formal licensing is still a 'banker' for criminal breach of trust purposes. This prevents the technical defence that one was not formally registered in a commercial role when misappropriating entrusted property.
Case Simulations
"An informal chit fund operator who collects members' money — acts as a 'banker' under Section 12."
"A property agent who collects rental deposits and misappropriates them — an 'agent' under Section 12."
Expert Insights
No. Under Section 12, anyone 'acting as' a banker — even informally — falls within the definition. An unlicensed money-lender who collects deposits is a 'banker' for these purposes.