IBC 186 — Punishment for false information, concealment, etc., by bankrupt

Insolvency & Bankruptcy Code, 2016

Statutory text

, by bankrupt.—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 account, 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 of any property which he is required to deliver to the bankruptcy trustee under section 156.

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