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Aspect of Criminality in Default of Loans Given by Banks: The Indian Scenario

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  • Sarkar Arindam

    (Reserve Bank of India, Department of Banking Regulation, 13th Floor, Central Office Building, Shahid Bhagat Singh Road, Mumbai Maharashtra, India)

Abstract

The study aims to address the issue of criminality in wilful default of loans given by banks in India by clarifying the thin line of demarcation between genuine and deliberate reasons for default of loans and suggest remedies to establish the demarcation in a more objective manner. The paper is a descriptive one based on secondary data, wherein tools like historical, factual and descriptive analysis have been used. It was found that it is not impossible to differentiate between genuine and deliberate reasons for loan defaults and stakeholders can identify & establish criminal intent behind such defaults if an objective criteria is followed. Suitable provisions under different acts and statues needs to be introduced to curb financial activities of errant borrowers and prosecute them criminally. Criminality aspect in case of wilful default of loans can thus be established if sufficient provisions of law are made available to the banking system.

Suggested Citation

  • Sarkar Arindam, 2019. "Aspect of Criminality in Default of Loans Given by Banks: The Indian Scenario," Asian Journal of Law and Economics, De Gruyter, vol. 10(2), pages 1-16, August.
    • Handle: RePEc:bpj:ajlecn:v:10:y:2019:i:2:p:16:n:2
    DOI: 10.1515/ajle-2019-0002
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    References listed on IDEAS

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    1. Rathinam Francis Xavier & Raja Angara Viswasundara, 2010. "Law and Availability of Credit: Evidence from India," Asian Journal of Law and Economics, De Gruyter, vol. 1(2), pages 1-26, December.
    2. S.S. Mundra, 2015. "Banker-Borrower Interplay: Synergies and Challenges," Working Papers id:6651, eSocialSciences.
    3. Raghuram G. Rajan, 1994. "Why Bank Credit Policies Fluctuate: A Theory and Some Evidence," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 109(2), pages 399-441.
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