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Important Legal Definitions

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Deeming Fiction / Legal Fiction

Canons of Statutory Interpretation

Definition

A legislative device where a statute commands the court to imagine, treat, and accept a non-existent state of affairs or a legal presumption as real, requiring the court to carry that fiction to its logical conclusion.

Example

In State of Bombay v. Pandurang Vinayak Chhaphalkar, the Supreme Court affirmed the classic rule: "When a statute creates a legal fiction, you must imagine also the facts and consequences which are necessary to its effect; you cannot let your imagination boggle."