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Banking Fraud In India: A Study On Legal Remedies And Institutional Accountability




Janvi Kumari, Lovely Professional University


ABSTRACT


Banking frauds have emerged as one of the most pressing challenges confronting the Indian financial sector, not only because of the massive economic losses they generate but also because of the serious erosion of public trust in financial institutions. The last two decades have witnessed a surge in high-profile scams ranging from corporate loan defaults and Ponzi schemes to trade-based frauds and cross-border laundering. These cases have been exemplified by the Punjab National Bank scam, the Kingfisher Airlines loan scandal, the Saradha Ponzi scheme, the Rotomac Global case and the Winsome Diamonds fraud- This all have collectively exposed the systemic vulnerabilities in India’s banking ecosystem. The study critically examines the typologies of such frauds, their modus operandi and the loopholes that allowed them to thrive, while simultaneously exploring the role of regulators, banks and enforcement agencies in detecting and responding to them. Unlike earlier scholarship that often limits itself to descriptive accounts, this paper offers a blend of legal reasoning, institutional critique and people-centred analysis, placing the issue of accountability at the forefront. By weaving together case law, statutory frameworks, and comparative insights, the research highlights the pressing need for doctrinal reform, technological safeguards and stronger governance mechanisms. It argues that unless accountability is broadened to include institutional responsibility and not merely individual blame, the cycle of fraud will persist. Ultimately, the paper contributes to the discourse on financial integrity in India by presenting a holistic framework for prevention, detection and redressal of banking frauds.


Keywords: Banking Frauds in India, Corporate Governance, Financial Regulation, Reserve Bank of India (RBI), Ponzi Schemes, Non-Performing Assets (NPAs), Enforcement Directorate (ED), Securities and Exchange Board of India (SEBI), Money Laundering, Judicial Oversight.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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