Law4u - Made in India

What Are The Penalties For False Claims In Insolvency?

Answer By law4u team

Insolvency laws are designed to ensure fair treatment of all stakeholders, especially creditors. However, during the claim submission phase, there can be attempts to defraud the process by submitting inflated, fake, or unsupported claims. To maintain integrity and prevent misuse, strict penalties are laid down under the Insolvency and Bankruptcy Code (IBC), 2016. These laws aim to protect the resolution process from being derailed by dishonest parties.

Penalties for False Claims in Insolvency

Section 75 of IBC – Punishment for False Information

If a person knowingly furnishes false information in the insolvency application, they can face up to 5 years imprisonment and/or a fine up to ₹1 crore.

Section 76 – Punishment for False Claims by Creditors

If a creditor submits a false claim or falsified documents, the penalty includes imprisonment up to 5 years, a fine up to ₹1 crore, or both.

Disqualification From Proceedings

Creditors found guilty of submitting false claims may be disqualified from participating in the Committee of Creditors (CoC) and other decision-making processes.

NCLT/NCLAT Action

The National Company Law Tribunal (NCLT) and the Appellate Tribunal (NCLAT) may dismiss claims, initiate criminal proceedings, and refer cases to enforcement authorities.

Disciplinary Action by IBBI

If the misrepresentation involves a registered professional (e.g., Resolution Professional or Valuer), the Insolvency and Bankruptcy Board of India (IBBI) can suspend or cancel their license.

Filing of FIR

The Resolution Professional (RP) or Liquidator can file an FIR against fraudulent claimants, leading to police or cybercrime investigation.

How Integrity Is Ensured in Claim Verification

Strict Documentation Requirements

Creditors must submit proofs like invoices, loan agreements, or court decrees along with claim forms.

Verification by Resolution Professional (RP)

The RP checks each claim for authenticity, cross-verifies with records of the corporate debtor, and maintains a list of verified claims.

Public Announcement and Transparency

Claims are invited through public notices, and the status of accepted/rejected claims is updated for transparency.

Opportunity for Objection

Other creditors or the corporate debtor can challenge suspicious claims before the NCLT.

Best Practices to Avoid Legal Risk

Always file claims with complete and truthful documentation.

Don’t inflate the value of the debt or include interest without proof.

Avoid third-party claim manipulation or duplicate claims.

Consult with a legal advisor before submission if unsure about the claim's validity.

Example

A trade creditor submits a ₹50 lakh claim during CIRP, claiming unpaid invoices from a construction company. However, on verification, the Resolution Professional finds that only ₹20 lakh is supported by valid invoices. The rest are fabricated.

Steps taken:

The RP rejects the fake ₹30 lakh portion of the claim.

An FIR is filed against the creditor for fraud and misrepresentation.

The NCLT bars the creditor from further participation in the resolution process.

Legal proceedings are initiated under Section 76 of the IBC, and the creditor may face fines and imprisonment.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Jaykishan Devani

Advocate Jaykishan Devani

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Immigration, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, Property, R.T.I, Recovery, RERA, Startup, Succession Certificate, Supreme Court, Tax, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Prem Dayal Bohra

Advocate Prem Dayal Bohra

Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Criminal, Documentation, Labour & Service, Motor Accident, Property, Revenue, High Court

Get Advice
Advocate Md Jahir Akthar

Advocate Md Jahir Akthar

Banking & Finance, Cheque Bounce, Arbitration, Anticipatory Bail, Civil, Consumer Court, Court Marriage, Child Custody, Divorce, Cyber Crime, Motor Accident, Medical Negligence, Landlord & Tenant, Wills Trusts, Revenue, Trademark & Copyright, Supreme Court, Succession Certificate, Tax, Startup, R.T.I, RERA, Recovery, NCLT, Muslim Law, Patent, Property, Labour & Service, Media and Entertainment, International Law, Insurance, Immigration, High Court, GST, Domestic Violence, Family, Documentation, Criminal, Customs & Central Excise, Corporate, Breach of Contract, Bankruptcy & Insolvency, Armed Forces Tribunal

Get Advice
Advocate Dinesh Sharma

Advocate Dinesh Sharma

Banking & Finance, Cheque Bounce, Civil, GST, Labour & Service, Tax

Get Advice
Advocate Pankaj Dheer

Advocate Pankaj Dheer

Anticipatory Bail, Cheque Bounce, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, R.T.I, GST, Succession Certificate, Medical Negligence

Get Advice
Advocate Sushant Shankar Kumbhar

Advocate Sushant Shankar Kumbhar

Anticipatory Bail, Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, RERA, Succession Certificate, Revenue

Get Advice
Advocate Nihal Jaiswal

Advocate Nihal Jaiswal

Cheque Bounce, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Patent, R.T.I, Revenue, Armed Forces Tribunal

Get Advice
Advocate Azhar Khan

Advocate Azhar Khan

Anticipatory Bail,Cheque Bounce,Child Custody,Criminal,Documentation,High Court,Insurance,

Get Advice

Marriage and Divorce Laws Related Questions

Discover clear and detailed answers to common questions about Marriage and Divorce Laws. Learn about procedures and more in straightforward language.