Offences & Penalties (Sec. 184-187)

“(1) If a debtor or creditor provides information which is false in any material particulars
to the resolution professional, he shall be punishable with imprisonment for a term which may
extend to one year, or with fine which may extend to five lakh rupees, or with both.
(2) If a creditor promises to vote in favour of the repayment plan dishonestly by
accepting any money, property or security from the debtor, he shall be punishable with
imprisonment for a term which may extend to two years, or with fine which may extend to
three times the amount or its equivalent of such money, property or security accepted by such
creditor, as the case may be, or with both:
Provided that where such amount is not quantifiable, the total amount of fine shall not
exceed five lakh rupees.” VL Note : –

“If an insolvency professional deliberately contravenes the provisions of this Part, he
shall be punishable with imprisonment for a term which may extend to six months, or with
fine, which shall not be less than one lakh rupees, but may extend to five lakhs rupees, or with
both.” VL Note : –

“If the bankrupt –
(a) knowingly makes a false representation or wilfully omits or conceals any
material information while making an application for bankruptcy under section 122 or
while providing any information during the bankruptcy process, he shall be punishable
with imprisonment which may extend to six months, or with fine which may extend to
five lakh rupees, or with both;
Explanation. – For the purposes of clause (a), a false representation or omission
includes non-disclosure of the details of disposal of any property, which but for the
disposal, would be comprised in the estate of the bankrupt, other than dispositions made
in the ordinary course of business carried on by the bankrupt;
(b)fraudulently has failed to provide or deliberately withheld the production of,
destroyed, falsified or altered, his books of accounts, financial information and other
records under his custody or control, he shall be punishable with imprisonment which
may extend to one year, or with fine, which may extend to five lakh rupees, or with
both;
(c) has contravened the restrictions under section 140 or the provisions of section
141, he shall be punishable with imprisonment for a term which may extend to six
months, or with fine, which may extend to five lakh rupees, or with both;
(d)has failed to deliver the possession of any property comprised in the estate of
the bankrupt under his possession or control, which he is required to deliver under
section 156, he shall be punishable with imprisonment for a term which may extend to
six months, or with fine, which may extend to five lakh rupees, or with both;
(e) has failed to account, without any reasonable cause or satisfactory explanation,
for any loss incurred of any substantial part of his property comprised in the estate of
the bankrupt from the date which is twelve months before the filing of the bankruptcy
application, he shall be punishable with imprisonment for a term which may extend to
two years, or with fine, which may extend to three times of the value of the loss, or with
both:
Provided that that where such loss is not quantifiable, the total amount of fine
imposed shall not exceed five lakh rupees;
(f) has absconded or attempts to absconds after the bankruptcy commencement
date, he shall be punishable with imprisonment for a term which may extend to one
year, or with fine, which may extend to five lakh rupees, or with both;
Explanation. – For the purposes of this clause, a bankrupt shall be
deemed to have absconded if he leaves, or attempts to leave the country without delivering the possession any property which he is required to deliver to the bankruptcy
trustee under section 156″ VL Note : –

“(1) If a bankruptcy trustee, –
(a) has fraudulently misapplied, retained or accounted for any money or property
comprised in the estate of the bankrupt; or
(b)has wilfully acted in a manner that the estate of the bankrupt has suffered any
loss in consequence of breach of any duty of the bankruptcy trustee in carrying out his
functions under section 149,
he shall be punishable with imprisonment for a term which may extend to three years, or with
fine, which shall not be less than three times the amount of the loss caused, or likely to have
been caused, to persons concerned on account of such contravention, or with both:
Provided that where such loss or unlawful gain is not quantifiable, the total amount of
fine imposed shall not exceed five lakh rupees:
Provided further that the bankruptcy trustee shall not be liable under this section if he
seizes or disposes of any property which is not comprised in the estate of the bankrupt and at
that time had reasonable grounds to believe that he is entitled to seize or dispose that property.” VL Note : –