IBC 70 — Punishment for misconduct in course of corporate insolvency resolution process

Insolvency & Bankruptcy Code, 2016

Statutory text

(1) On or after the insolvency commencement date, where an officer of the corporate debtor—
(a)  does  not  disclose  to  the  resolution  professional  all  the  details  of  property  of  the  corporate debtor, and details of transactions thereof, or any such other information as the resolution professional may require; or

(b)  does  not deliver  to  the  resolution  professional  all  or  part  of  the  property  of  the  corporate debtor in his control or custody and which he is required to deliver; or (c) does not deliver to the resolution professional all books  and  papers in his control or custody belonging to the corporate debtor and which he is required to deliver; or (d)  fails  to  inform  there  solution  professional  the  information  in  his  knowledge  that  a  debt  has been falsely proved by any person during the corporate insolvency resolution process; or (e) prevents the production of any book or paper affecting or relating to the property or affairs of the corporate debtor; or (f) accounts for any part of the property of the corporate debtor by fictitious losses or expenses, or if  he  has  so  attempted  at  any  meeting  of  the  creditors  of  the  corporate  debtor  within  the  twelve months immediately preceding the insolvency commencement date, he  shall be  punishable  with imprisonment for a term which shall not be less than three years, but which may extend to five years, or with fine, which shall not be less than one lakh rupees, but may extend to one crore rupees, or with both:
Provided that nothing in this section shall render a person liable to any punishment under this section if he proves that he had no intent to do so in relation to the state of affairs of the corporate debtor.
(2)  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.

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