The Interest Act, 1978

(1) This Act may be called the Interest Act, 1978. (2) It extends to the whole of India except the State of Jammu and Kashmir*. (3) It shall come into force on such date as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "court" includes a tribunal and an arbitrator; (b) "current rate of interest" means the highest of the maximum rates at which interest may bepaid on different classes of deposits (other than those maintained in savings account or thosemaintained by charitable or religious institutions) by different classes of scheduled banks inaccordance with the directions given or issued to banking companies generally by the Reserve Bankof India under the Banking Regulation Act, 1949 (10 of 1949). Explanation.--In this clause, "scheduled bank" means a bank, not being a co-operative bank,transacting any business authorised by the Banking Regulation Act, 1949 (10 of 1949); (c) "debt" means by liability for an ascertained sum of money and includes a debt payable inkind, but does not include a judgment debt; (d) "personal injuries" includes any disease and any impairment of a person's physical or mentalcondition; (e) all other words and expressions used herein but not defined and defined in the Reserve Bankof India Act, 1934 (2 of 1934), shall have the meanings respectively assigned to them in that Act.

(1) In any proceedings for the recovery of any debt ordamages or in any proceedings in which a claim for interest in respect of any debt or damages alreadypaid is made, the court may, if it thinks fit, allow interest to the person entitled to the debt or damages orto the person making such claim, as the case may be, at a rate not exceeding the current rate of interest,for the whole or part of the following period, that is to say,-- (a) if the proceedings relate to a debt payable by virtue of a written instrument at a certain time,then, from the date when the debt is payable to the date of institution of the proceedings; (b) if the proceedings do not relate to any such debt, then, from the date mentioned in this regardin a written notice given by the person entitled or the person making the claim to the person liable thatinterest will be claimed, to the date of institution of the proceedings: Provided that where the amount of the debt or damages has been repaid before the institution of theproceedings, interest shall not be allowed under this section for the period after such repayment. (2) Where, in any such proceedings as are mentioned in sub-section (1),-- (a) judgment, order or award is given for a sum which, apart from interest on damages, exceedsfour thousand rupees, and (b) the sum represents or includes damages in respect of personal injuries to the plaintiff or anyother person, or in respect of a person's death, then, the power conferred by that sub-section shall be exercised so as to include in that sum interest onthose damages or on such part of them as the court considers appropriate for the whole or part of the period from the date mentioned in the notice to the date of institution of the proceedings, unless the courtis satisfied that there are special reasons why no interest should be given in respect of those damages. (3) Nothing in this section,-- (a) shall apply in relation to-- (i) any debt or damages upon which interest is payable as of right, by virtue of anyagreement; or (ii) any debt or damages upon which payment of interest is barred, by virtue of an expressagreement; (b) shall affect-- (i) the compensation recoverable for the dishonour of a bill of exchange, promissory note orcheque, as defined in the Negotiable Instruments Act, 1881 (26 of 1881); or (ii) the provisions of rule 2 of Order II of the First Schedule to the Code of Civil Procedure,1908 (5 of 1908); (c) shall empower the court to award interest upon interest.

(1) Notwithstanding anything contained in section3, interest shall be payable in all cases in which it is payable by virtue of any enactment or other rule oflaw or usage having the force of law. (2) Notwithstanding as aforesaid, and without prejudice to the generality of the provisions of subsection (1), the court shall, in each of the following cases, allow interest from the date specified below tothe date of institution of the proceedings at such rate as the court may consider reasonable, unless thecourt is satisfied that there are special reasons why interest should not be allowed, namely:-- (a) where money or other property has been deposited as security for the performance of anobligation imposed by law or contract, from the date of the deposit; (b) where the obligation to pay money or restore any property arises by virtue of a fiduciaryrelationship, from the date of the cause of action; (c) where money or other property is obtained or retained by fraud, from the date of the cause ofaction; (d) where the claim is for dower or maintenance, from the date of the cause of action.

Nothing in this Act shall affect theprovisions of section 34 of the Code of Civil Procedure, 1908 (5 of 1908).