IBC 187 — Punishment for certain actions

Insolvency & Bankruptcy Code, 2016

Statutory text

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.

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