Information technology became a part of every sphere of human being life. Due to
the globalization, privatization and liberalization of the world banking sector
also influenced and create a competitive environment among them. To survive in
this environment banks uses now a days information technology and create a new
business revolution. The information technology has played a major in improving
the banking services. Indian banks also go through distinctive changes.
The
information technology gives the remedy for all the remedies for solving the
problem relating to banking sector today. The increasing rate of transaction
among the countries also creates challenges and problems in the banking sector.
So the banking through the electronic medium helps in providing a better way for
easier transaction and time saving for the people.
The term e-banking means the entire sphere of technology initiatives that has
taken place in the banking industries. In general e-banking means using the
electronic channel through telephone, mobile phone and internet etc. for
delivery of banking service and product. The traditional mode of banking system
changes with time earlier it was very time consuming and very complex to
understand easily by the general people. But today the people can sit in the
home using through the electronic medium one can get the banking services. The
e-banking provides various banking services like online access of account,
online fund transfer, online bill paying etc.
In India the concept of e-banking is recent origin in India. The traditional
using mode of banking facilities is branch banking system where people getting
the banking facilities and services. In early 1990's the concept of
non-branching banking facilities started in India. The old manual and
traditional system of banking facilities has very less practiced today. The
credit of introducing the e-banking system in India goes to the private banks
like ICICI, HDFC, and Citibank etc. who followed the internet banking system and
establishes it as a path of today's online banking facilities.
The government of
India and Reserve bank
Definition of Bank:
The bank is an establishment which deals in money, receiving it on deposit from
customers, honouring customer's drawing against such deposit on demand,
collecting cheque for customers and leading or investing surplus deposits, until
they are required for repayment.[1]
Sir John Paget states:
A bank or banker is a corporation or person (or group of
persons) who accepts money on current account, pays cheque drawn upon such
account on demand and collects cheques from customers.[2]
Bank is a financial institution engaged in the accepting of deposits of money,
granting of credit (by loan, overdraft, etc) and other transaction such as the
discounting of bills, dealing in foreign exchange, etc.[3]
Fraud:
Fraud is not defined in the Indian penal code 1860 directly but it has
mention the term fraud in the Indian penal code 1860 in the section 420.
In India, the Banking Regulation Act,1949 is the primary law that regulates the
working of the banks, but it is to be noted that the Act does not provide for a
precise definition of the term
bank, rather only puts a prohibition on
the companies carrying on any business other than banking business to use
the word
bank, banker or banking. However the term
banking [4] and banking
company[5] have been defined under the Act, which in a way helps us in
understanding the definition of the term 'bank'.
In today's modern world , banking frauds have become a common phenomenon. The
general public deposit their money in banks mainly for security purposes and not
merely for the minimal rate of interest provided by the banks, but whenever
frauds occur at banks, the trust of the general people are broken. Nowadays,
hardly a day passes when incidents of banks frauds and forgeries are not
reported on newspaper and such frauds may range from theft, robbery, frauds
relating to debit card and credit card and frauds committed through internet
especially in instances of internet banking.
Any type of fraud that is committed in the banking system can be termed as
banking fraud in its broadest sense. Such frauds may be perpetrated with
accounts loans, securities or any other banking services and may be committed
by the employees of the bank, customers, outsiders as well as by the bank itself
may perpetrated such offence and an usual term to refer all such kind of frauds
is banking fraud and embezzlement, breaking of trust, theft, cheating, forgery
and conspiracy are some of the ways in which such frauds are perpetrated.
In simple words, with the passage of time, the increasing significance of the
operation of the bank have led to the increase in the occurrence of frauds in
the banking sector in India while carrying out various banking transaction.
These are ambiguities in the existing structures and procedures relating to
banking system and the fraudsters take advantage of such ambiguities and commit
frauds in the bank by adopting surreptitious and nifty methods . in fact, number
banking frauds India are increasing at such an alarming rate that it is quickly
turning into a threat for the country as well as have a negative effect on the
business of banking. Therefore, it is posing as a great evil for the nation
which needs to be curbed as soon as possible for the overall development of the
country and its people.
Thus, for controlling the threat posed by banking frauds and forgeries, the
fraud prone areas, fraudsters' method and ways of committing frauds and the
vigilance methods adopted by the authorities need to be essentially known.
Moreover with the advancement of science and technology, everyone has become
dependent on the internet and the practice of e-banking is also becoming very
prevalent and with the rapid dependence on internet.
In India, through the Indian penal code 1860, does not define the term
fraud
specifically but it define the term
fraudulently and
dishonestly
and also
describes the offence of cheating, forgery etc. which in a way can be referred
to while discussing about bank frauds as these offences to some extent contain
the element of fraud within them.
Statement Of Problem
The electronic banking is now practiced by most of the banks of the countries.
India is also practiced it for better service facilities and easy access of
banking facilities. Due the increasing rate of the e-banking the problems and
crimes related to the e-banking are not sufficient enough. The financial sectors
operation that are important for the economy of a country are being driven by
the banks are engines. Banks from a very crucial part in the economic
development of any country.
With an increase in the operations of the banking
sector, there is also increase in the number of banking frauds and
simultaneously. Fraud in the Indian banking section is not a new event. The
Information Technology Act 2000 gives only validity to it, not any clear and
specific provision relating to e-banking. The security issues relating to
e-banking are increasing and create problems in providing services to the
people. The unauthorised access of the banks account by the criminals and other
problem relating to it are not getting the proper remedy to the people.
Aims And Objectives:
The main aim of the this seminar topic is to
Study the laws relating to the e-banking in Indian and frauds and their
prevention relating to it.
The objectives of this seminar paper are:
- To understand the development of e-banking in India.
- To understand the types of banking frauds and the areas in which frauds
are committed in banks.
- To analyse the legislative framework that prevents banking frauds in India.
- To know the role played by the Reserve Bank of India in e-banking.
- To highlight the various security issues relating to the e-banking in
India.
Scope And Limitation:
The scope of the research paper is to analyse the scope to the e-banking and
their frauds relating issue in Indian banking. In this seminar paper researcher
study the e-banking concept in Indian legal prospective. The researcher has
limited the study to analyse types of banking frauds, legislative framework and
the vigilance system adopted by the Indian banks. Further, within the vigilance
system, the researcher shall only deal with Reporting of frauds to Reserve Bank
of India and briefly touch upon the monitoring mechanism.
There is no scope of field research in this research paper. The paper has a
limited scope due to the concepts being clearly defined in terms and application
by the courts in the cases
E-Banking And It's Payment System Methods
There are various changes has taken place in India banking sector. Information
technology is one of the changes of banking sector and it influences the way of
interaction between the customer and the banks. In electronic banking the
channels and products are available in ATM's cards, internet banking and mobile
banking offered along with the traditional branch banking system.[6] The
transaction of money and business relation among the countries increases with
times.
The people getting attracted the banking through the electronic means.
Now a days they can transfer their money where and when they wish to and banks
has the duty to meet the expectation of the customer. Today for the banking
services one has to connect the plug into the host of banking services from his
personal computer and using varieties of banking services at home.
Meaning Of E-Banking
The term electronic banking means an electronic fund transfer by simple using
the electronic means from one account to another account rather then by cheque
or cash.[7] As the name electronic banking also provides some advantages over
the traditional banking methods. E-banking can also be defined as
delivery of
banking services to a customer at his office or home using electronic
technology. The term electronic banking is a general term. It includes internet
banking, telephone banking and mobile banking. The concept of e-banking is
evolving day by day. Electronic banking services allow a bank customer and
stakeholders to interact and transact with the bank seamlessly through a variety
of channels such as internet, wireless devices, ATM, online banking etc.
History Of E-Banking:
The concept of e-banking is evolved with the development of the world wide web.
Some person while working on the banking databases came up with the idea of
online banking transaction in 1980s. Online shopping, a credit card also
promotes the concept of online banking.
In India e-banking is a new concept. The traditional banking system in India
runs through the branch banking system. In the year of 1990 the non branch
banking system started.[8] The new concept of e-banking system gain popularity
over the old traditional manual branch banking system. The credit of launching
the new technology in banking system goes to the private bank like ICICI bank.
Citibank and HDFC bank who introduces the internet banking in 1999.[9]
The
Government of India and Reserve Bank of India have also taken the initiatives in
the development of e-banking in India.[10] The government of India enacted the
Information Technology Act,2000 which recognizes the electronic transaction and
other means of electronic commerce.[11] The Reserve Bank of India monitoring and
reviewing the legal and other requirement of e-banking on a continuous basis to
ensure that e-banking would develop on sound lines and e-banking related
challenges would not a pose a threat to financial stability. [12] The private
banks introduce new schemes, technologies for the people and make a competition
for the public banks.
Forms Of E-Banking:
There are various forms of electronic banking they are:
- Automated Teller Machine (ATM)
- Tele Banking
- Smart Card
- Debit Card
- E-Cheque
- Other Forms of E-Banking
- Debit Card: Debit Card are looks similar to the credit card or
ATM card but can operate as cash or a personal check. Trough credit card and
debit card look alike but there are certain differences between them. In
credit card there is a way to pay later but in debit card there is
a concept of pay now[13].
- E-cheque: it is a electronic version of paper cheque and a representation
of traditional cheque making system.
- Other forms of e-banking: there are also other forms of
electronic banking they are direct deposit, electronic bill payment
,electronic check conversion, cash value stored etc.
Advantages And Disadvantages Of E-Banking:
The electronic banking has a various advantages than the traditional banking
system which is simple and convenient for the users.
The advantages are:
- Electronic banking is easy to open and operate by general people.
- One can easily pay their bills and transfer their money without any
problem. Because of this people don't have to stand in long queue and keep
their receipt safely as transactions are viewed by the person at anytime.
- The electronic banking is available at anytime because it is open 24
hours. People can access their account from anywhere at the night time and
holidays also.
- The E-banking is fast and efficient and people don't have to waste time
and can handle several accounts through internet banking.
- In electronic banking the person can keep eye on his transaction and
account balance. Through this one can secure their accounts.
- Through E-banking bank can endorse their schemes and services to the
people and people can aware of the new services.
There are also certain disadvantages of E-banking system. They are:
- Through the e-banking is easy to handle by general people but the people
who don't know the how to use the internet, it can be difficult to run them.
Some banks provide demo for the beginners but not the all the banks.
- For online-banking people must have an internet connection for access
the account without internet there is no e-banking facilities available.
- While transacting the money from one account to another account the
security is the big issue, sometimes the information might get hacked by unauthorised
people
- In E-banking password security must be there without it the account can
be misused by the people.[14]
- When the server of the bank is down one can't access his account.
- Sometimes it is difficult to know if the transaction are done
successfully or not due to the slow down of the net services. People have to
remain in the state of doubt which is convenient and which is not
convenient.
Frauds In The Indian Banking Sector
With the passage of time, the number of frauds are committed in a bank are
increasing at an alarming rate in India. When one person tries on intends to
dishonestly take advantage over another, then that person are said to have
committed fraud. In other words the commission or omission of any act causing
wrongful gain or loss by way of suppression of relevant facts or otherwise can
be termed as
fraud. Recently in India there are two major banking frauds that
shook the nation:
- Vijay Mallya Case
- Nirav Modi Case
In India fraud is defined under section 17 of the Indian Contract Act. In
Derry
v Peak[15], it was observed that, when knowingly or without believing in the
truth or recklessly any false statement is made, then it can be termed as fraud
and when a false statement is made by a person who knows it to be false, then it
is known as false misrepresentation.
Similarly, in the case of
Shri Krishna v Kurukshetra University, Kurukshetra
[16], the Apex Court held that for constituting fraud, it is essential that one
who makes a false statement must be aware that the statement that he or she is
making is false and the party against whom the fraud is committed must not be
aware of the correct circumstances.
The important elements of fraud are: there has to be representation and
affirmation in relation to a particular fact; the person makes a false statement
must be aware that the statement that he or she is making is false and it must
persuade the other party to commit or omit an act in accordance with the
affirmation in question.
Thus, banking fraud is an outcome of transactions wherein one party by
fraudulent or dishonest means wrongfully gains and the other party wrongfully
loses. Traditionally, misappropriation, scams, manipulation etc constituted
banking frauds but with the coming up of technology, there has been expansion in
the institutions involved in the banking business.
On the other hand, with regard to forgery, the Indian Penal Code defines forgery
under section 463.[17] One can be said to commit forgery if he/she with the
intension to cause damage or injury makes any false document. In order to
constitute forgery, the intension of the one who is committing such act must
make the document with an intension that is fraudulent or dishonest.
In the case of
CBI v Vikaram Anantrai Doshi and others[18], it was observed that
banking frauds cannot be put in the same category as individual or personal
wrong, but rather it is a social wrong, having impact on the society and if any
person including the officers of a bank while obtaining loan commits the
criminal offence of defrauding someone during the process, then he/she liable
for any criminal proceedings initiated against him/her and such proceedings are
indisputably maintainable under law.
Types Of Banking Frauds:
In the banks, the frauds can be committed in different departments, for instance
in the cash department, current accounts departments, saving accounts
department, credit card departments etc.
In the case of
State Trading
Corporation Of India Ltd v M/S Millennium wires (P) Ltd and others [19] , it was
observed that the verity that there is existence of Fraud in itself is not
sufficient, but what is important is that the notice of such fraud to the bank
must be proven. There are different areas in which frauds can be committed in
banks: for instance counterfeiting of cheque or bank drafts: alteration of
cheque; forging of signature on cheques or other instruments etc. Some of the
types of frauds committed in the banks are enumerated below.
Theft:
Theft can be defined as a criminal activity in which one party takes the
property belonging to other without the other party's consent. Under the Indian
Penal Code 1860,
whoever intending to take dishonestly any movable property
out of the possession of any person without that person's consent, moves that
property in order to such taking, is said to commit theft[20].
The banks deal with one of the most alluring movable property i.e the money
which is very different from other movable properties because in the currency
form money is very difficult to be traced. In cases of theft in banks the
perpetrators may be insider in the form of bank employees or may be outsiders.
Robbery:
Robbery basically means forcibly taking away goods or money of any value from a
person by way of violence or by subjecting him/her to any fear. The aggravated
form of theft or extorsion is referred to as robbery under the Indian Penal
Code[21]. Robbery comes within the categorization of banking frauds because it
leads to fraud commitment against the customers as a result of wrong committed
towards the whole banking institution as a whole.
Embezzlement:
To 'embezzle' means to divert (money etc) fraudulently to one's own use[22].
Bunko Bankers are basically referred to as embezzler under the concept of
banking frauds.
The term embezzlement can be explained under different categories such a
criminal breach of trust, in a particular and under cheating, misappropriation
of property, theft under the Indian Penal Code 1860.
Frauds Relating To Deposit Accounts:
One of the primary role of banks is to accept deposits of money from the public.
The deposit accounts can be of various types depending on the purpose behind
opening of such account and the most popular ones are fixed deposit accounts,
saving bank accounts and current accounts. There can be different types of
banking frauds committed with respect to deposit accounts like using of a
dormant accounts fraudulently or forging signatures on joint accounts or
manipulating depositor's passbook etc, and it can be committed by various
perpetrators like customers, outsiders or even the bank employee themselves.
Frauds are also committed in the current accounts department of a bank. The
business enterprises normally open up current accounts as interest need not be
paid on the amount lying in the account. Thus the current account should not be
opened unless there is a proper check done the veracity and genuineness of the
proposed customer.
Frauds committed in the fixed deposit department can take different forms. One
way of committing such frauds is when other staff members receive cash from
their friends or acquaintances for depositing their money but those staff
members, by issuance of fake fixed deposit receipt misappropriates the money and
even make unauthorised entries in the customer's passbook. Moreover, the staff
members of the banks also sometimes withdrawn large amount of money by obtaining
blank signed withdrawal forms from the account holders who are mostly illiterate
and misappropriates the withdrawn amount for their own personal use.
Frauds In Bills Purchased And Discounted:
By way of purchase or discounted of usance, credit facilities are granted by the
banks to their customers. The customers are provided credits by the banks by way
of cash credit and bill accounts but frauds are committed in these transitions.
In this frauds are committed in various ways.
Frauds Related To Loan:
The bank officers commit fraud is granting advances to the parties as a result
of which a lot of advances are converted to non performing assets. A lot of
cases are there where more than one person use the same property as security for
getting loan or after taking loans, the borrowers disappear or where loans are
taken by bogus firms or where loans are not used for the purpose for which they
were taken or hypothecated goods are sold without any authorization or where the
same goods are hypothecated to more than one bank or where profits are
misappropriated from the sale of securities or where loans are granted against
inadequate security.
Frauds By Way Of Forgery:
Section 436 of the Indian Penal Code treats forgery as an offence as discounted
earlier. Frauds can be committed by way of forging someone's signature or by
virtue of forged documents. It can also be committed by forging currency, thumb
impression and by forging seals and stamps.
Perpetrators Of Banking Frauds:
It is a well known fact that frauds in the banking sector can be perpetrated by
the customers or strangers or the staff of the bank or sometimes by the bank
itself.
One of the greatest worry for the banking institutions have been banking frauds
committed by the employee of the bank. In the case of
Allahabad Bank v. Deepak kumar bhole[23],
the Apex court was of the opinion that when an employee of a bank that deals
with the money of the general public involves himself/herself in the commission
of forgery and the withdraws money from the bank wrongfully without
authorization , then it can be said that he/she has committed a grave offence
involving
moral turpitude.
Thus, the measure that can be adopted to
prevent commission of frauds and forgeries by the bank employees are they should
be rotated, more than one person should be involved in a particular transaction,
less amount of cash should be involved in a particular transaction, less amount
of cash should be kept at banks, proper care should be taken in manipulating
passbook or dormant accounts should be dealt carefully and also each and
everyone should be cross-checked during a transaction.
Frauds in the banking sector are also committed by the customers. Loans frauds
are one of the common types of frauds committed by the customers. A part from
this giving inadequate security, using same security for taking two or more
loans, intentionally shunning away from repayment are some of the ways in which
employees of the bank commit frauds. To stop such frauds, proper steps must be
taken like Know Your Customer (KYC) norms should be adhered to; on account of
opening any new account, all the customers must be properly verified ; cheque
should be cleared with utmost care, etc.
Legislative Framework
In India E-banking is recent origin although this fact maximum number of bank
provides the facilities like account accessibility, information, etc. With
technological advancement new policies and schemes are making by the banks and
governments and RBI for e-banking. The information technology now days rapidly
changing and its ambit became bigger with times. India has also adopted the
information technology and coup up with banking laws.
Banks frauds are an evil in today's modern age that happens the economic
development of any country. Therefore, in order to prevent such frauds in the
banking sector, the legal system needs to be robust. In India, there is no
specific legislation that deals exclusively on banking frauds, but there are
many general legislation that somehow one way or the other deal with banking
frauds. This chapter analysis the provision of some important general
legislations that deals with banking frauds.
The Indian Penal Code 1860:
The Indian Penal Code does not define the term 'fraud' exclusively and nor does
it categorises banking fraud as a distinct offence. However, there are certain
provision in the act which are attracted in banking fraud cases.
Counterfeiting coins[24] or Currency Notes[25] are considered as offence under
the Indian Penal Code and it can be said to be an instance of fraud committed.
Further, Chapter XVIII of the Code can be said to contain provisions relating to
banking frauds wherein section 378 [26] and section 379[27] states about theft
and its punishment respectively.
The Indian Contract Act 1872:
Section 10 of the Indian Contract Act states what agreements are contracts. As
discussed above, there exists a contractual relationship between a banker and
the customer. Hence, it can be said that the Act will be applicable to some
extend in dealing with banking frauds in India.
Section 16 of the Act states about under influence which can be in a way can be
cathegorised as a lesser degree of fraud. Section 17 of the Act deals with the
concept of fraud elaborately and section 18 deals with misrepresentation. In
Oriental Bank Corporation v. John Flentming[28], the court analysed the concept
of constructive fraud.[29] Further section 19 states about voidability of
agreements without free consent.
Banking Regulation Act, 1949
The Banking Regulation Act,1949 does not deal with banking frauds directly and
therefore one hardly thinks about applying the provision of this Act in dealing
with banking frauds. However the provision under this Act somewhat helps one in
understanding the operations of the banking business which in turn might help in
understanding the reasons behind occurrence of banking frauds.
The Information Technology Act, 2000
The IT Act 2000, along with amending the Indian Penal Code to bring within its
scope conventional offences committed electronically, has also created:
a new
breed of technology offences, the prevention of which are incidental to the
maintenance of a secure electronic environment for e-banking and for prevention
of banking frauds and forgeries. Section 94 of the Act also amended certain
provision of the RBI Act, 1934. Digital forgery, unauthorized access to computer
network, data alteration, skimming and online identification theft and
impersonation are some of the ways banking frauds are perpetrated in the online
world.
Role Of Reserve Bank Of India In E-Banking:
The Reserve Bank of India [30] plays a big role in giving recognition of
e-banking in India. The transaction like Real Time Gross Settlement (RTGS) and
National Electronic Fund Transfer (NEFT) and other forms of fund transfer to
facilitate the electronic fund transfer and ensure the legal admissibility of
documents and records. Reserve Bank of India exercises the electronic payment
system Electronic Cleaning Service (ECS) and Electronic Fund Transfer[31](EFT)
which are introduced in 1995 and RTGS system in 2004, NEFT system in 2005 and
cheque transaction system in 2008[32].
The Reserve Bank of India also issued
guidelines on security issue and risk mitigation measures relating to card
present transaction. In this circular RBI has taken measures to secure card not
present transaction and making it mandatory for banks to put in place additional
authentication or validation for all in one recurring transaction based on
information not available on the credit or debit or prepaid cards.
RBI also
directed the banks and other stakeholders to initiate immediate action for
accomplishing the following task within reasonable time. It also gives
regulation to the commercial banks of India relating to the implementation of
fraud risk management practices and securing the technology infrastructure. With
the banking laws Amendment Act,2012 RBI has the power to for any information and
cause inspection of business of any associate enterprise of the bank.
It also
provided the legal framework for setting up bank holding companies and paves the
way for issue of new banks licence. The RBI has been issuing many guidelines and
regulation to the commercial banks on information technology, electronic banking
and technological risk management and cyber frauds.
Conclusion
In India e-banking is in the initial stage. The banks are making proper efforts
to adopting the new technology in its services and products to provide benefits
to the people but they have long to go. Banks through advertisement their
services popularize their products and people can aware of the new schemes and
policies without any problem. The new generation is getting used to it and
maximum of their work relating to e-banking is done instantly through internet
banking. With time e-banking became one of preferable mode of banking. The
e-banking is also cost saving and time saving and provide relevant adequate
information.
The banks are obligated to maintain the secrecy of the customer accounts and RBI
also provides regulation and guidelines for reducing the risk of hacking. But
sometimes it has seen that the banks did not take the guidelines seriously and
became of which people has to suffer. So, RBI should keep eye on the banks and
appoint a professional expert relating to ensure that banks are using the new
technologies. The person should inform the matter related to the banks to RBI
regularly.
In today's modern world banking frauds have become a common phenomenon. The
general public deposit their money in banks mainly for security purposes and not
merely for the minimal rate of interest provided by the banks, but whenever
frauds occur at banks, the trust of the general public is broken. Nowadays,
hardly a day passes when incidents of banks frauds and forgeries are not
reported in newspaper and such frauds may range from theft, robbery, frauds
relating to debit card and credit card and frauds committed through internet
especially in instances of internet banking.
Any type of fraud that is committed in the banking system can be termed as
'banking fraud' in its broadest sense. Such frauds may be perpetrated with
accounts, loans, securities, or any other banking services and may be
committed by the employee of the bank, customers, outsiders as well as the bank
itself.
Bank frauds are an evil in today's modern age that hampers the economic
development of any country. Therefore, in order to prevent such frauds and
forgeries in the banking sector, the legal system needs to be robust.
In recent years, the banks have shifted their vision from socio banking to
profit earning. Although there have been several advantages because the business
has been expanding, but along with it, the public sector banks have witnessed
many disadvantages. There has been increase in the number of banking frauds that
are committed with the help of the bank employees and as a result, it has led to
the introduction of vigilance system in the banking sector in India.
In India, there is no doubt that there are a number of legislation that somehow
helps us in preventing banking frauds. But the irony is that there is no
specific legislation that deals exclusively on banking frauds and forgeries. In
order to understand as well as prevent banking frauds in India, reliance is
always placed on the Indian Penal Code,1860. The Indian Penal Code does not
define the term fraud exclusively and nor does it categorises banking fraud as
a distinct offence.
Therefore, some of the suggestions that the researcher would like to put forward
are that since the banking frauds are rapidly increasing, therefore the need of
the hour is to have a legislation addressing specifically the issue of such
fraud that can also address all the issues that have arisen with the
technological development in the 21st century. Moreover, awareness should be
spread among the common mass about the existence of banking frauds and
forgeries. Thus, these some of the issue arising with changing times that needs
to be addressed in the existing Acts through amendments or a new law regarding
the same should be legislated along with the effective implementation of the
existing legislations.
End-Notes:
- Dictionary of Banking by F.E. Perry.
- Quoted in Law of Banking by Dr. S.R Myneni, First Ed,2006 p. 19 [Asia
Law House, Hyderabad].
- Dictionary of Law by L.B.Curzon , 4th ed , 1993
- Section 5(b) of the Banking Regulation Act,1949 states banking means
the accepting, for the purpose of lending or investment, of deposits of
money from the public, repayable on demand or otherwise, and withdrawal by
cheque, draft, order or otherwise
- Section 5(c) of the Banking Regulation Act,1949 states banking company
means any company which transacts the business of banking in India;
- https://en.wikipedia.org/wiki/Online_banking accessed on 11/12/2019 at
10 AM
- https://en.wikipedia.org/wiki/Cheque accessed on 11/12/2019 at 10:16 AM
- Ibid
- Ibid
- Ibid
- Ibid
- (1889) 14 AC 337.
- AIR 1976 SC 376.
- Section 463 of the IPC states: whoever makes any false document or false
electronic record or part of a document or electronic record, with intend to
cause damage or injury, to the public or to any person or to support any
claim or tittle or to cause any person to part with property, or to enter
into any express or implied contract, or with intend to commit fraud or that
or that fraud may be committed, commits forgery.
- 2014 SCC SC 745.
- ILR (2014) 2 Del 1045.
- Section 378 of IPC,1860.
- Section 390 of IPC, 1860.
- THE OXFORD ENGLISH DICTIONARY 395 (15th ed. 1964).
- 1997 ISJ (Banking) 337 SC.
- Section 231 of the IPC deals with Counterfeiting coins.
- Section 489-A of the IPC deals with Counterfeiting coins of currency
notes
- Section 378 of the IPC states that whoever intending to take dishonestly
any movable property out of the possession of any person without consent,
then the person is said to be commit theft.
- Section 379 of the IPC states that whoever commits theft shall be
punished with imprisonment of either description for a term which may extend
to 3 years or fine or both
- (1879) 3 Bom. 242,287.
- In this case it was observed that this clause is probably intended to
meet all those cases which are called in the court of equity – cases of
constructive fraud, in which there is no intension to deceive, but where the
circumstances are such as to make the party who derives a benefit from the
transaction equally answerable in effect as if he had been actuated by
motives of fraud or deceit.
- Under the Reserve Bank Of India Act, 1934, 'Bank' means Reserve Bank of
India constituted by this Act.
- https://en.wikipedia.org/wiki/Electronic_funds_transfer accessed on
20/12/2019 at 11P.M.
- https://www.researchgate.net/publication/279753172_About_legal_framework_of_e-banking
on 20/12/2019 at 11P.M.
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