Anti-Bank Fraud Regime for NPAs in India

  • Vijay Chauhan
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  • Vijay Chauhan

    LL.M. student at Galgotias University, Greater Noida, India

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Abstract

The initial purpose of deposit of money by customers in the banking institutions is to get the sense of security and safety alone. Later, the customer expectations gained new dimensions when the banks started to provide numerous facilities to attain the faith of the depositors. With the rise of the banking business, fraud in banks also came to the limelight. Today, fraudsters are not only individuals but the corporate personalities also. These corporate entities are subject to the lifting of the corporate veil, which ultimately helps in the identification of the culprits. Moreover, the possibility of committing fraud arises from the bank, from the customer or by the connivance of either of the two with an outsider. Therefore, several steps have been taken to address this mounting concern, including the enactment of the Insolvency and Bankruptcy Code 2016. However, this article tries to find out the Anti-Bank fraud regime for such bad loans, which have recently been transformed into fraud committed by corporate entities. The authors have relied on primary and secondary sources of data collection. The primary sources include laws, ordinances, regulations, circulars and various reports (if needed) of panels of experts and cases decided by the courts. Secondary sources include books, commentaries, dictionaries, encyclopaedias, legal reports, magazines, the Internet and newspapers.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 5, Page 1017 - 1027

DOI: https://doij.org/10.10000/IJLMH.113656

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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